On The Effect Of The Pretrial Reading Of The Judge In Criminal Procedure On The Substantiation Of The Trial

One of the core tasks of the reform of China's criminal procedural system is to promote trial-centered litigation system reform.The substantive nature of the trial is an important part of this reform.However,it is a common phenomenon in our practice that the trial has been falsified.Most scholars believe that the reason for the collapse of court trials is that legislation allows judges to review before the court,To realize the substantiveization of court trials,it is necessary to reform the file transfer system and prohibit judges from reviewing before court to prevent judges from producing prediction.But what is the connection between the trial judge's pretrial reading and the court's debounce? Pretrial reading is really the main culprit for the collapse of the trial,Will the abolition of the pretrial judgement system be sure to materialize the trial?This article will be based on the interpretation of the substantive nature of the trial,According to the evolution of legislation,Analyze the relationship between pretrial judgement and defiant trial in the context of the Criminal Procedure Law of1979,1996,and 2012.And explore the way to realizing the trial in the context of our country's pretrial reading system.Apart from the introduction part,this paper is divided into three parts,with about30,000 words in total.The first part studies the relationship between the judge's pretrial reading and the procedural deficiencies in the context of the 1979 Criminal Procedure Law.In the background of the system at that time,the pretrial reading was only an important way for judges to obtain information on cases.At that time,the phenomenon of predetermined review,the reason was that judges generally do not have the ability to hold court hearings,and the intervention of the adjudication committee and superior courts in exercising jurisdiction over judges.The procedural structure of investigative centralism also had a great negative impact on judges' referee cases.The defense did not have the conditions for equal confrontation with the prosecution,it was impossible to promote the substantiveization of the trial through equal defense with the prosecution.Under the influence of these factors,criminal judgments have often been made before the trial,and trials are only going through the courtroom.In the context of the 1979 case transfer system,The reasons for the falsification of the trial we various,it was hard to say that judges' pretrial reading was the reason for the debacle of the trial.The second part studies the influence of the non-judgement before the judge's court in the background of the Criminal Procedure Law in 1996 on the substantiveization of the trial.Under the main evidence transfer system,the phenomena of criminalization in criminal courts had not been effectively improved.On the contrary,it had deepened the degree of debunking to a certain extent.At the time,the causes of the courtroom's falsification and the silent review of the courtroom were investigative centralism,prosecution and defense against inequality,and judges cannot independently exercise their jurisdiction.As we know,just forbidding judges from reviewing the substantive nature of the trial cannot be achieved.The third part studies the influence of the judge's pretrial reading on the substantive nature of the trial in the context of the 2012 Criminal Procedure Law.In2012,the quality of judges and refereeing ability have all been improved.The pretrial conference system,the system of streamlining and simplifying the case,and the reduction of the intervention committees reduction of the independent trial intervention of the collegiate bench,judges' pretrial reading has little adverse impact on the substantive nature of the trial.On the contrary,the judge's reading before the court can help judges find problems and clarify the focus of the trial,to promote the substantiveization of trials has a positive effect.Under the background of the trial-centered litigation system reform,Investigation center doctrine will be restrained,The defense function has been further expanded.the litigation structure between the equal defense of the prosecution and the defense and the judgment of the judge in the center was further consolidated.The judge's trial ability will also be further improved with the reform of the staffing system and the reform of the judicial responsibility system for judges.All these factors are of great help to the realization of the substantive nature of the trial.Therefore,under the current judicial environment,retaining the pretrial judge reading will achieve better results.