Resarch On The Substantial Issues Of China's Criminal Proceedings

As the last barrier to safeguard social fairness and justice,the judiciary plays a vital role in the rule of law.In recent years,She xianglin,Zhao zuohai,Zhang's uncle and nephew in Zhejiang province and other wrongful convictions have impacted the public and caused irreparable damage to the legal foundation of judicial justice.At the Fourth Plenary Session of the 18th Central Committee in October 2014,it proposed to "advance the reform of the litigation system centered on trials and ensure that the facts and evidence of investigations and examinations of cases prosecuted can withstand the test of law",according to which the trial-centered criminal litigation system The reform was formally incorporated into the top-level design at the national level.As the center of the trial center,the criminal procedure trial is of decisive significance to unify the standard of proof of evidence,ascertain the facts of the case,protect the litigant's litigation rights and make a fair judgment.To some extent,promoting the substantive trial of criminal procedure is the key and foundation of the reform of trial-centered criminal procedure system.According to the author' s preliminary empirical investigation,there are still many theoretical and practical problems in the substantive reform of criminal trial in China.For example,the basic idea of substantive reform of trial is still vague,which leads to the fact that criminal trial practice focuses on combating crime rather than protecting human rights.China's criminal proceedings have not yet established a real sense of separation of prosecution and trial,equal confrontation between prosecutors and defendant,the impartial judges of the litigation structure.The substantive reform of the t trial is too limited to the internal court,and the reform is lack of systematicness,integrity and coordination.The problem of the falsification or formalization of the criminal trial hasn't been fundamentally improved.The substantive reform of the trial has sacrificed part of trial efficiency,extended the time limit of case handling,and further intensified the contradiction between people and cases.At present,the uneven judicial ability of judges has become an obstacle to the substantive trial to some extent,etc.Based on the analysis of the reform background and functional goals of the substantive trial,this paper is based on the reform practices in Sichuan,Zhejiang and other places.Through the trial procedure of criminal procedure in Germany,Japan,Taiwan and Macao,this paper examines the problems and causes of criminal trial in China,and carries out theoretical excavation,system design and practical guidance from the perspective of further deepening the substantive reform of the trial.The first part is an overview of the substantive nature of the criminal trial.This part focuses on the reform background of the substantive trial,the three functional goals of dispute settlement,misjudgment prevention and fact determination,and the discrimination and analysis of the trial-centrism.It further demonstrates that the substantive trial is the direction change of the development of criminal procedure system,which is legal and reasonable.The second part is the empirical perspective of the substantive trial of criminal procedure.This part mainly analyzes the practical difficulties and existing causes of problems in China's criminal trial procedures,and takes the information feedback of some reform pilot courts as reference to highlight the central position of the trial and increase the reform experience of the of the substantive trial.In the third part,through exploring and investigating some criminal procedure systems in Japan,Germany,Taiwan and Macao,extracts the operational experience of relevant mechanisms which has great significance for promoting substantive reform of trial in China.The fourth part scientifically designs the reform path to further promote the substantive reform of criminal trial,and proposes to change the concept of criminal trials,optimize the allocation of criminal prosecution jurisdiction,improve the supporting system,deepen the trial operation mechanism and its supporting reform,and build a collaborative information system of public security and law supervision organs,so as to promote the informatization,scientificity and systematicness of the substantive reform of the trial.In the conclusion,the author looks forward to the substantive reform of criminal trial,and adds a new interpretation of the reform.Finally,on the basis of the full article of the research,wrote the "Opinions of XX province political and law commission on promoting the substantive reform of trial(draft proposal)",which is the transformation result of this paper's insistence on the combination of theory and practice,and expects to be beneficial to deepening the substantive reform of criminal trial in China.Of course,theoretical research has no end.On the way of exploring the reform of criminal procedure system,the author will...