On The Realization Of The Trial Substatiation In The Procedure Of Criminal Second Instance Under The Perspective Of "Trial As The Center"

"Trial as the center" is an important principle and goal of judicial reform,it caused a huge stir in the field of legal theory.It is the premise and foundation of the trial independence,the open principle and the principle of evidence umpire in the criminal second trial,the embodiment of the principle of direct speech in the process of trial procedure of criminal second trial procedure.It is of great positive significance to guarantee the human rights of the parties involved in the criminal second trial,to prevent the wrong cases,to optimize the structure of litigation,and to strengthen the responsibility consciousness of the subject.However,the effect of China's criminal second trial on the substantive realization of the trial is not optimistic.Faced with investigation and inquiry,the main way of hearing is to violate the public justice of trial and the principle of comprehensive review violates the passivity of trial neutrality.Witnesses and expert witnesses have low testifying rates and their litigation rights are not guaranteed.The system of internal request of the court makes the right of the appellant to be falsely represented and disenfranchised..The issues such as the high rate of sentencing and the nature variation of the sentence in court,the quality of the trial is not improved and the quality of the trial is not improved.Insisting on "trial as the center" in the criminal second trial procedure,emphasizing and highlighting the center of justice and its central role.In order to solve the problems that appear in the judicial practice in the form,the abuse of the field,gradually realizing the trial material.We should adhere to the principle of "Take the opening trial as the principle and take the closing trial as an exception",and the purpose of the legislation;appropriate adjustment of the scope of comprehensive review;refine the relevant legal provisions of the witness to testify in court and improve the supporting measures of witness rights protection related to the system;improve the system of accountability,improve the regulations on the protection of personal safety and economic benefits of appraisers;eliminate the court's internal request system,The traditional administrative thinking in the court system should be clearly removed;strengthen case guidance,meanwhlie in legislation clarify the status of the sentencing system in the court,and improve the ability of judges to handle the trial.It can effectively solve a series of problems in the second instance.