Research On The Reform Of Criminal Procedure System Based On Trial

The Central Committee of the Communist Party of China(hereinafter referred to as "the decision")of the Central Committee of the Communist Party of China(hereinafter referred to as "the decision")puts forward the reform of the trial-centered litigation system in an all-round way.This is the major measure taken by the party in the fourth Plenary Session of the 18 th CPC Central Committee for building a socialist country ruled by law,improving the judicial system of criminal proceedings and safeguarding judicial justice.The first part of this article is to proceed from the domestic background of the reform of the trial centered litigation system in our country,and deeply study the drawbacks of the criminal judicial practice in our criminal judicature,the formalization of the court trial,the centralism of the file in the court trial and the loss of the status of the two parties.The phenomenon of the balance is summed up in the past in the criminal procedure system as a tool for coordinating the pre trial procedure,to re grasp the direction of the reform of the trial centered litigation system and to establish the price of the modern criminal justice concept and the human rights guarantee mechanism under the international background for the construction of the trial centered litigation system in China.Value.Taking the trial as the center,we emphasize the importance of giving full play to the court trial or the trial in the whole criminal proceedings.The premise is to grasp exactly what is the essence of the trial as the center and the essence of the trial.According to the contents of the sixth national criminal case trial conference documents,"trial cases are centered on court trial,the fact evidence is investigated in court,the conviction and sentencing debate is in the court,the result of the referee is formed in the court,the principle of direct speech is fully implemented,and the illegal evidence exclusion system is strictly enforced." Our country's theorists define this as the centralism of court trial,and the second part of this article is to sum up many views on the essence of trial,from the current judicial practice circle and the theoretical circle,and to compare and analyze the theoretical and practical circles on the main meaning of the trial center and the trial center,the court trial as the center,the referee center.The distinction and definition of righteousness and other related concepts are analyzed to understand the essence of trial centered.Therefore,it is helpful for us to understand and distinguish between trial centerand trial centralism,court trial as center and referee centralism,which is beneficial to the deeper understanding of the essence of trial centered.The third part of this article is based on the specific problems that restrict the reform of the trial centered litigation system in China at present,and analyze the key points in many aspects,such as system,system and procedure,and finally realize the essence of the trial,and promote the transfer of the judicial system from the "Investigation Centered" to the trial as the center.The purpose of litigation is to combine crime with protection of human rights.Finally,in view of the problems of the litigation mode and system in our judicial practice,it is better to understand and understand the substantive meaning of the trial as the center,to refine the understanding and application of the rules of evidence and to improve and deal with the relationship between litigation,investigation and trial under the background of trial.China's future implementation of trial centered litigation system reform in many aspects of vision and imagination.