Jurisprudential Analysis And System Construction Of "Taking Trial As The Center"

the reform of the litigation system "centered on trial" was put forward in the fourth Plenary Session of the 18 th CPC Central Committee by the Party Central Committee of the Central Committee of the Communist Party of China on a number of major issues concerning the comprehensive promotion of the rule of law.It is a major deployment to the reform of our country's litigation system in the future.The implementation of the trial centered litigation system reform is not only in line with the judicial rule,but also helps to solve the problem of judicial injustice in China's criminal justice.At present,there is a "Investigation Centered" lawsuit pattern in China's criminal procedure.In recent years,there has been a large impact on the wrong case in the country,most of which have a certain relationship with the model.Based on this,the author defines and analyzes the concept and characteristics of "trial centered" from the perspective of current judicial reform.It also analyzes the legal basis of the reform of litigation system centered on trial.This paper analyzes the status quo of China's litigation system and restricts the relevant factors of "taking trial as the center".Through the innovation and improvement of the judicial idea,the administration of the allocation of judicial powers,the implementation of the substantive trial of the court,and the independent trial of the judges,the litigation system in China is truly "centered on trial".So as to prevent miscarriage of justice in criminal trial and improve judicial credibility.This article is divided into four parts:The first chapter is to define "taking trial as the center" by defining the connotation of "taking trial as the center".At the same time,it analyzes the concepts related to "trial centered",and then analyzes the significance of "taking trial as the center".The second chapter: theoretical analysis of the jurisprudential foundation of "taking trial as the center".That is,based on the theory of Western procedural justice,human rights protection,power division of labor and coordination theory,it provides theoretical support for the reform of "trial centered" litigation system.The third chapter discusses the related factors and consequences of "trial centered" under the background of judicial reform.This paper analyzes the traditional culture,power standard and system design in China,which embodies the necessity of the reform of the "trial-centered" litigation system.The fourth chapter,from the perspective of judicial reform,discusses the proposal to build a "trial centered" litigation system,which should be made from strengthening the innovation and improvement of the judicial idea,allowing the judicial personnel to change the judicial idea and guide the practice of the new judicial idea.At the same time,we must reform the allocation of judicial power,implement the substantive nature of court trials,and ensure that judges perform trials independently in accordance with the law.