Several Aspects Of The Principle Of Direct And Verbal Trial From The Perspective Of Criminal Court Hearing Centralism

The principle of direct and verbal trial is the generic term of the principle of direct trial and verbal debate.It originated in the 19 th century during the French Revolution and was established based on the purpose of overcoming indirect written hearings.Court hearing centralism refers to all activities of a criminal trial,in particular evidence investigation,conviction,sentencing and judging,all of which should be completed on the court.Under the principle of direct and verbal trial in the background of the court hearing centralism,a judge should hear the case in a continuous and direct way;an equal debate between the accusation and the defense in the form of words can be carried out;the witness can testify in court and accept cross inquiry;the judge must take the evidence,identify the facts and deliver a fair judgment in court.However,the law fails to give a clear definition of it.So,there is some resistance to it in real trials: the pretrial conference deals with the entity part,court trials rely on the pretrial confession record,the rate of witness appearing in court is low,the cognizance of case facts relies on the files,the proof of evidence in trial is insufficient,repeated supplementary investigations affect continuous trials,there is a flaw in the evidence of cases,the case discussion of the trial committee separates the trial from the rule.Thus,in order to fully implement the principle,the following suggestions are put forward.First of all,we should continue to promote the reform of the court hearing centralism.Secondly,the principle should be incorporated into the judicial interpretation.Finally,we must standardize the procedure of trials: the pretrial conference should adhere to the positioning of the pretrial procedure,cross-examination of the documentary evidence should be standardized,the system of witness appearing in court should be enhanced,it is necessary to strengthen the investigation of the court,we should improve cross examination to promote cross-examination and strictly limit the scope of the application of supplementary investigation,we must improve the exclusionary rules of illegal evidence,we should invite members of the commission to participate in the actual trial.