Research On The Relationship Between Trial And Defense From The Perspective Of Centered On Trial

As early as 2004,the Supreme People's Court and the Ministry of Justice jointly promulgated the "Several Provisions on Regulating the Relationship between Judges and Lawyers to Maintain Judicial Justice."With the reform of the criminal litigation system centered on trial,both the trial party and the defense party The relationship between them is placed in a new context,creating a new chemical reaction.China's criminal litigation reform is shifting from the legislative level to the pluralistic composite level of legislation,judicature,and operational mechanism.Correspondingly,in the process of interaction,both parties need to reposition themselves and reposition their expectations.In the supposed state,both parties are a negative correlation that is independent and mutually restrictive,and a positive correlation between mutual cooperation and mutual respect.Although both parties in the legal profession share different roles and perform their duties,both serve the judicial reform and the rule of law.Mutual independence and mutual restraint does not mean that the two are hostile and contradictory.The role of society has never existed independently.Criminal judicial activities are not isolated,but the mutual respect and cooperation of the two parties must be examined.The conflict between trial and defense is still widespread.On the one hand,the judge's exclusion of defense lawyers and restrictions on the right to defense are embodied in the expansion of self-discipline and the restriction of the rights of the other party.On the other hand,the defense lawyer's distrust of the judge and disrespect for the judicial power is embodied in the fact that the defense lawyers disregard the trial disciplinary judgment in the trial.Some lawyers will transfer the opposite party from the accused to the judge,and will use all methods to openly The judge is right.The pleading of the pleading guilty from the confession and punishment of the wide and criminal lawyers to defend the full coverage system is very easy to move toward another phenomenon of derailment.That is to say,the defense lawyers actively or passively cooperate with the judges,and are connected with the public prosecution legal organs,and even make the defense right an accessory to the judicial power.The lack of clarity and specificity in the provisions of criminal substantive law in our country is prone to ambiguity.Especially in difficult cases,major economic cases,and crimes in certain specific fields or relatively strong professional crimes,the problem of poor operability of criminal law provisions is more prominent..This leaves a lot of room for the defense of the entity,and will also prompt the prosecution and the defense to focus their excitement on the debate on the substantive issue during the trial process.In the "flow-through" criminal litigation structure,the judicial system of our country has a serious administrative color and a close vertical relationship.The trend of linear construction of investigations is strengthened.The final decision of the case is not in the trial,but moves forward to the investigation stage,and the right to defense is weakened.Under the shackles of the traditional concept of "heavy strike and light protection",Chinese nationals point the deterioration of social security to individual criminals,and strongly support the state in formulating the criminal policy of cracking down on criminals,the legality of procedures in judicial proceedings and the guarantee of human rights.All can be sacrificed.Judicial centralism requires breaking the past "investigation-centered" litigation mode,and paying more attention to the core position of the trial party in criminal proceedings and the effective implementation of the right to defense on the basis of equal confrontation between the prosecution and the defense.The investigation and prosecution activities of criminal cases must be tested by trial activities.The promotion of the right to defense enhances the confrontation between the prosecution and the defense,avoids the trial activity becoming an extension of the public prosecution activity,and can indirectly improve the neutrality and authority of the judge.Establish a problem-oriented criminal justice concept,and treat the harm caused by crimes to victims,offenders and society as the direction of judges and lawyers.In the context of the disparity between the prosecution and the defense,the legitimate rights of the defense party need to be absolutely neutral.The judges must exercise discretion in the legal scope and discretion based on objective facts,balancing the system and the human factor.Refine the judgment of the judgment documents and maximize the fairness and acceptability of the judgment.On the"quality" and "quantity",we will effectively enhance the effective exercise of the right to defense and enhance the strength and temperature of the defense.In addition,it is necessary to construct an incentive mechanism and punishment mechanism for the defense relationship,expand the supervision body,innovate the supervision method,construct internal supervision of the industry,strengthen external social supervision,and improve the joint supervision system.The two sides challenged themselves to improve their requirements,adhered to the self-discipline and other disciplines of professional ethics,introduced the cooperative litigation model into criminal proceedings,realized the right of defense to the jurisdiction,and smoothed the career transition between legal professional communities,maintaining lawyers and justice.The benign interaction of people enhances mutual recognition.