The Approaches To Substantive Criminal Trial

Promote the reform of trial centered criminal lawsuit system,is a major reform of the fourth plenary session of 18 th CPC Central Committee.“Court trial centered” is the core of “trial centered”,that is to play the decisive role of court trial on finding out facts,ruling the evidence,protecting the litigation rights and impartial judgment,to ensure that the evidence could be shown in the court,the facts could be found out in the court,the plea opinion could be declared in the court and judgement could be produced in the court.But,from the practice of the criminal lawsuit of our country,the problem of court trial becoming a mere formality is still very prominent.Although sincethe central vigorously promote the reform of lawsuit system centered on trial,substantive court trial has achieved obvious good results.But it is far way from the reform goal.The complexity of reality and the problems constantly emerging require us to sum up the trial experience continuously,found the obstacles that inhibit the realization of substantive court trial,research the approaches to substantive criminal trial so as to make the trial playits due role.The whole paper is divided into three parts: the introduction,the main text,and the conclusion.The main text is made up of four chapters.Chapter One.The description and analysis of reform practice.Frist,this chapter elucidate the implication of substantive court trial;next,describe and analyse the reform practice of criminal lawsuit system for substantive court trial at various stages.Chapter Two.The analysis about samples.In criminal cases of Q county court from 1996 to 2017 that criminal lawsuit system were reformed as samples,and through the analysis about acquittal rate,the situation of witnesses and the surveyor to testify,the defendant obtaining the defence bylawyer,application of summary procedure,so that to describe the situation of substantive court trial.Chapter Three.Summarize the problems and analyse the causes.Found the obstacles that inhibit the realization of substantive court trial and analyse the causes of the problem.Chapter Four.Countermeasures and proposal.Put forward the countermeasures and proposal From the aspects of blocking informational communication before openning the session,protecting the right that defendant could defend effectively,using direct and verbal trial principle,fulling court investigation and sorting between complex and simple legal.