Perfecting The Criminal Oral Evidence Rule In The View Of Tribunal Judicial Centralism

This article starts with tribunal judicial centralism,then analyzes China's present situation and problems of the legislative,judicial of the criminal oral evidence rule.on this basis,it draws lessons from the relatively mature criminal oral evidence rule of the Common Law System and the Civil Law System,and combines with new requirements of the criminal oral evidence rule in tribunal judicial centralism,proposes specific ideas of perfecting the criminal oral evidence rule in tribunal judicial centralism,explores the means of perfecting the criminal oral evidence rule system which is adapted to tribunal judicial centralism,suitable for the situation of our country,with Chinese characteristics.Besides the foreword and epilogue,the text include four sections,organized as following:The first part is mainly about the reform of tribunal judicial centralism.This part firstly illustrates the basic concepts of tribunal judicial centralism,and then by comparing China's current system of trial with tribunal judicial centralism,we found that the establishment of the criminal oral evidence rule is more important in the process of the reform from the current system of trial to tribunal judicial centralism,and it puts forward many new requirements of the criminal oral evidence rule.The second part mainly analyzes China's present situation and problems of the criminal oral evidence rule under the current system of trial.this part sorts out the theoretical basis of the criminal oral evidence,including the definition,scope,characteristic,basic functions.On this basis,this part analyzes China's present situation and problems of the criminal oral evidence rule under the current system of trial.It is divided into “the legislative present situation and inadequate of the criminal oral evidence rule” and “the judicial present situation and inadequate of the criminal oral evidence rule”.The third part reviews the criminal oral evidence rule of the Common Law System and the Civil Law System.on the basis of using reference of previous studies of the criminal oral evidence rule of the Common Law System and the Civil Law System,we discusses relatively mature experiences of the major foreign criminal oral evidence rule and take its essence to migrate to the criminal oral evidence rule system of our country.The fourth part is the specific ideas of perfecting the criminal oral evidence rule under tribunal judicial centralism.To meet the requirements of tribunal judicial centralism,we must make the new design of oral evidence cross-examination rules in combination with the practical situation of our country,including records of oral evidence cross-examination rules before the trial court,new oral evidence cross-examination rules in the trial court,adjustment or increase of the oral evidence cross-examination rules in the trial court.In addition,we still need to perfect the universal rules of oral evidence,including the principle of direct and verbal trial and exclusionary rule of hearsay evidence,then perfect all kinds of oral evidence rules,such as criminal witness testimony;the victim to state;the confession and defense of the criminal suspect and the defendant;the appraisal conclusion.