The Judge Behavior Logic Of "Trial Centered"

The "Trial centered" lawsuit system reform has further defined the key position in the process about the court which can determine the case facts.It means that the traditional model about our country criminal proceedings," the centrism of criminal investigation" and "the case record centralism" will be changed.In the meanwhile,the criminal litigation proof standard and the way based on this will also be changed.In the trial,through the combination of the experience rules and the logic rules,the judge realizes the verification and the final judgment of the facts of the case.The "Trial centered" makes a higher challenge to the judge's judgment ability,including the ability of analyzing the logic operating mechanism about the trial behavior by judge,elucidating the manifestation under the new system,such as the litigious relation,the judge behavior and the restraint mechanisms in the judicial practice.Defining a clear position of the judge in the criminal trial,it is conducive to let judge behavior exhibits its different vivid shape from the "the centrism of criminal investigation",and then prompting the "trial centered" criminal lawsuit system reform to realize national justice from the form of " formal rule of law" to " the essential rule of law ".The judge in criminal trial requires abundant knowledge of practical experience and superb logic reasoning skills of trial,and also needs to deal with the complex experience of reality which the specific cases have showed with a legal pragmatism judicial attitude.In the face of the fact about "legal formalism" way of thinking has assumed a dominant position and the reality of “legalism" law,according to the requirement of the "trial centered",the judge correctly handle the relationship between logic and experience,which is the basic requirements about "trial centered" judge behavior logic.The legal pragmatism way of judicial judgment,as a middle way,can help the judge who analysis the case in the trial process be more comprehensive and make a reasonable judge,in this way the judge can not be constrained in the formalism of unreasonable rules,and on the basis of the detailed data in the case and out of the case,use sufficient reason to persuade the largest population.Change the thinking about the evidence for the Criminal Trial and correctly applying the "eliminate reasonable doubt" proof standard,is a natural meaning of combination between the logic and experience under the "trial centered" system.at the same time,the judge need toreconstruct the logic rules about criminal trial by the legal argumentation theory.The experience rules sets the stage for the criminal trial,and the logic rules is a necessary skill for judges to ensure justice." Eliminate reasonable doubt" improves the maneuverability about proof standard,perfects the experience rules about how to use the evidence,and expands the scope and the method of the evidence applying,which can help prevent criminal miscarriage cases produce,and reveal the function of the protection of human rights.By legal argumentation reconstruction of the logic rules of criminal trial,the judge can reach a fully expanded investigation of the facts about the case,and finally reach the proof standard of "eliminate reasonable doubt".All in all,in the process of criminal trial,improving the judgement logic skills on the basis of the experience rules and logic rules,through defending judicial independence,improve the criminal lawsuit relationship about investigation,prosecution and trial,strengthening the supervision and restriction mechanism and other measures to ensure the judge which in the system of "trial centered" can observe correctly criminal trial behavior,that is beneficial to improve the criminal litigation proof system and activities,and then push the "trial centered" about the reform of criminal litigation system successfully achieved.The thesis consists of three parts:The first part introduces the background knowledge relates to the judge behavior logic theory,including the way about combining the Legal pragmatism and the legal logic,analysis the concept of the judge behavior logic,then expounds the concrete content and characteristics about judge behavior logic under the system of "the centrism of criminal investigation",prepared to explain theoretical basis and intend reference to the research of The Judge Behavior Logic of "Trial Centered".The second and the third part are the core parts.The second part mainly introduces the concrete content of the judge behavior logic of "trial centered" in the theoretical level with combination of some practical experience.First,I will give you a comprehensive analysis about "Trial Centered" system,and then according to the system,I will elucidate how the judge should carry out criminal trial by using the experience rules and logic rules in criminal trial in detail.Under the guidance of the Legal pragmatism manner and legal logic,establish the theory of judge behavior logic which conform to the requirements of the "trial centered".The third part,demonstrate the judge behavior logic theory about practical application,on the basis of combination with each actuality criminal trial requirement,including but notlimited to the judicial professional ethics,ensuring that the judges can fully exercise the jurisdiction in order to ensure them to trial in accordance with the requirements for the judge behavior logic,improve judges' ability of the concrete actions,improve the relationship between trial,investigation,and prosecution,the supervision and restriction of jurisdiction,and other concrete practical problems,furthermore,combine with the judge behavior logic of "trial centered" theory,explain how the judges think and act in criminal trial.