Study On The Substantive Of Criminal Trial

As the last line of defense in criminal procedure,the trial procedure plays a decisive role.The 18 th National Congress of the Communist Party of China put forward an important plan for the construction of the rule of law,and from this the construction of the socialist rule of law in China entered a critical stage.The core content of promoting the reform of litigation system centered on trial is to realize the trial substantiation.Trial substantiation is the inevitable requirement of judicial justice,the key measure to protect human rights and prevent injustice.And its reform is of great significance for improving judicial credibility and promoting the reform of litigation system centered on trial.The connotation of substantiation of trial is dualistic.Specifically,it includes two meanings: formal trial substantiation and substantial trial substantiation of."Formal substantiation" refers to the external state of the trial process that follows institutional norms,and it is the bottom line standard of the trial substantiation."Substantial substantiation" means that respecting the value goal of trial and giving full play to the rationality and function of each link during the trial process.To explain the trial substantiation from the perspective of duality is not only conducive to understanding its connotation comprehensively,but also to promoting the choice of path for the reform of the trial substantiation.Corresponding to the trial substantiation is the trial vacuity phenomenon in the judicial practice of our country.Specifically in court proceedings,there are exiting problems of the position of the pretrial meeting is vague,and the boundary with the actual trial is not clear.In the course of the trial,the problems are that all of the demonstration and show of evidence,the cross-examination and authentication,the acceptance of defense opinions show the formalized characteristics,and the disconnection between trial and judgment opinions.In order to solve these problems better,some measures are supposed to be taken: we should not only make a duality interpretation of the trial substantiation theoretically,but also accurately locate the trial preparation procedure----pretrial meeting within the framework of dualization,and built the frame construction of the pretrial meeting on the basis of this;from three aspects of finding out the facts of cases,cross-examination and the influence of defense opinions,the core procedure of trial substantiation----the realization of the trial from procedural justice to substantive justice is promoted systematically;to promote the judicial opinions formed in the course of a trial substantially,make a court decision naturally,and even pass a judgment or sentence in court.In this process,we should understand the factors that restrict and hinder the trial substantiation,draw lessons from the experimental experience of the previous theoretical and practical circles,clarify the overall thinking of the reform of the trial substantiation,and explore the bottom line standard and ideal target of the trial substantiation.Insist that taking the trial as the center is the premise,improve some links such as the system of the pretrial meeting,mainly grasp the investigation of the court and court defence(demonstration and show of evidence,cross-examination and authentication),and multi-pronged approach to make every effort to achieve the ideal goal of "four in the court".