The Research On The Substantive Trial Of Our Country

The trial centered reform of litigation system established by the fourth plenary session of the 18 th CPC central committee has set up the direction for the reform of litigation system in our country,and the key to trial centered reform of litigation system is to carry out the substantiation reform of the trial.Our country has yet not established relevant criminal litigation system to promote the substantive reform of the trial in present stage,so in order to define the future direction of the reform of criminal litigation system in our country,some factors existed in present legislation and judicial practice that obstruct the substantive of the trial is needed to be discussed,mainly including the present pipe-lined criminal litigation process,as well as the impact of the trial result caused by the file system,and because of the lack of the principle of directness and verbal-ism in the trial,the defendant's litigation rights,especially the right of quality certificate,can not be guaranteed.At the same time,due to the influence of the pro curatorial organ's legal supervision right threaten on the judicial power of the judicial organs,the defense system in our country is insufficient so that our country can not form an effective accusation double.All these factors together have made our court trial is a mere formality and can not play an effective role.In order to solve the above problems and eliminate the obstacles to the substantive trial of the court,it is necessary to improve or reform the relevant system in our country,including the establishment of the litigation system centered on the trial,the implementation of the exclusionary rule of illegal evidence and the principle of no punishment for doubtful case of crime.The way of trial of the heart should be reformed to limit the impact of files on court trial.The principle of direct speech should be established to strengthen the protection of defendants and their attorneys' litigious rights,especially the right of cross examination.and to reform the functions and powers of the pro curatorial organ,to separate out the power of legal supervision from pro curatorial organ.The last is to strengthen the protection of the lawyer's practice.to promote our country's substantiation of trial and promote the smooth implementation of centered litigation system reform.