The Dilemma And Way Of Substantive Reform Of Criminal Trial

The substantiveity of the criminal trial is the proper meaning of advancing the trial-centered litigation system reform.More precisely,the substantiveity of the criminal trial is the core requirement for advancing the trial-centered litigation system reform.In recent years,the courts at all levels in China have followed the principles and policies and related regulations of the Party Central Committee,the Central Political and Legal Committee and the Supreme People's Court,and have solidly promoted the substantive reform of the trials.They have achieved fruitful results."The results of the referee formed in the court" have already begun to bear fruit.However,in the current judicial practice in our country,some criminal trials in some areas have yet to be deepened in the implementation of reforms.Some complex criminal cases are still in the "virtualization" situation,and the court trial is to some extent in the form,because of the poor quality of the prosecution evidence,the complexity of the trial,and the long duration of the trial.In view of this,this paper aims to analyze the problems arising in the process of substantive reform of criminal trials in China,analyze the causes of these problems,and on this basis,put forward practical and effective suggestions for the substantive reform of criminal trials,in order to promote the substantiveity of criminal trials.The improvement of reform contributes to its own meager strength.In addition to the introduction,this article is divided into four chapters for discussion.The introduction part introduces the background,research significance,research ideas,research methods and literature review of this paper.In the first chapter,this paper first discusses the theory of substantive reform of criminal trials.Through the understanding of criminal trial and substantive,it summarizes the essence of criminal trial substantive,that is,exerts the substantive role of criminal trial,so that all The problems of the case is can be solved in the trial activities and achieve the purpose of improving the efficiency of criminal justice.Secondly,it discusses the theoretical basis of the substantive reform of criminal trial,namely the trial-centered litigation system reform theory;it discusses the practical significanceof the criminal trial substantive reform in judicial practice,and the criminal trial substantive reform is to prevent the falsehood and misjudged cases and optimized criminal litigation structure.In the second chapter,the author watchs and analyzes100 criminal trial videos,analyzes the specific problems that hinder the substantive process at each stage of the trial,and describes the problem of court investigation stage,the debate stage,the defendant's final statement stage and the court review.In the third chapter,the author analyzes the reasons for the above problems: the "investigative-centered" litigation mode hinders the substantive interpretation of the court;"interrogation transcriptism" hinders the substantive investigation of the court;"internal administration" decision-making mechanism of the ruling makes the judgment of the collegial panel not directly form the judgment result,and the referee rate in the court is low.In the fourth chapter,the author puts forward suggestions for deepening and perfecting the substantive reform of the criminal trial:in the criminal trial litigation structure,maintaining the judge's detachment and neutrality,realizing the triangulation balance of control and debate;in the process of criminal trial,the optimization of the link in the criminal trial process,through strengthening the pre-trial meeting and the key witnesses to testify in court,strive to achieve a substantial increase in the court certification rate,while significantly increasing the rate of judgment in court;in the modernization of trial means,on the one hand pilot witnesses testify remotely,and on the other hand,vigorously promote remote trials.In terms of the referee mechanism,implement the separation mechanism between the factual trial and the legal review between the people's jurors and the professional judges,and if necessary,hand over the case to the grand jury collegial panel for refereeing in court,and replace the part of the committee's functions with the grand jury system.The author believes that through the implementation of the above measures,it will certainly promote and improve the process of substantiveization of criminal trials in China,and finally achieve the goal of reform of "the outcome of the referee is formed in the court".