The Research On Way Of Making Trial Substantively

During the whole process of criminal proceedings,the trial is the decisive stage of the conviction and punishment of the case.It is also the most important part of the judicial activity.The fairness and quality of a court reflects the level of the rule of law of a country.It is a miniature of judicial justice.To this end,the "decision of the CPC Central Committee on promoting the Rule of Law in an All-round way" adopted by the fourth Plenary session of the 18 th Central Committee of the CPC Central Committee was put forward,it is necessary to promote the reform of the litigation system centered on trial and to ensure that the trial plays a decisive role in ascertaining the facts,determining the evidence,protecting the right to appeal,and fair adjudication.To play a decisive role in the fair judgment,we must realize the materialization of the trial,that is to say,on the one hand,the prosecution and the defense should confront each other equally in court,and the judge should remain neutral;On the other hand,the judge’s decision on the conviction and sentencing of the case can only come from the trial,not out of court.The essence of the trial is relative to the virtual trial,which means that the trial is only a form,the criminal responsibility of the defendant is not resolved through the trial,and the judgment basis of the conviction and sentencing is not derived from the trial.In our country,the criminal trial has existed in judicial practice for a long time.Although the legislative circle has made continuous efforts to materialize the trial through several amendments to the criminal procedure law such as 1996 and 2012,today,in some local judicial practice,the phenomenon of the trial being fictitious still occurs from time to time.Therefore,giving full play to the decisive role of trial is the key link to realize "trial as the center",is the inevitable requirement to ensure public promotion of justice,and is the meaning of the new round of judicial reform.This thesis consists of three parts: the introduction,the main body and conclusion.The introduction mainly focuses on the background,significance of the topic,the contents and methods literature review;the main body begins with the connotation of the essence of the trial and the internal relation between the essence of the trial and the centralism of the trial,probes into the legal basis of the materialization of the trial in theory,analyzes the problems existing in the criminal trial in our country,and starts with the idea of thinking.From the aspects of criminal policy and legal cultural tradition,this paper expounds the reasons why our country chose the road of materialization of criminal trial,and probes into the way to realize the materialization of criminal trial in our country.