Judge Center And Defendant In The Tripartite Relations Research

The decision on several major issues of comprehensively advancing the rule of law issued at the fourth plenary session of the 18th central committee of the communist party of China put forward that China should carry out the reform of the litigation-centered system,which requires a clear definition of the connotation of the trial-centered doctrine.It is opposite to the litigation stage doctrine,which requires the trial to lead the investigation,prosecution and execution.It is opposite to the investigative centralism,which requires the determination of the facts of a case to be completed in the trial,that is,"the trial is substantive".The trial-centered principle is based on the tripartite justice of charge,defense and trial,and the trial-centered doctrine should be guided by the principles of independent trial and equal armed forces.At present,there are some obstacles in the reform of the trial-centered litigation system in China,and there are still some problems in the tripartite relationship between prosecution,defense and trial.Unhealthy tripartite relationship will inevitably lead to unhealthy litigation system,and reform on this basis will also be a palliative,which cannot stand the test of practice and time.Therefore,in order to reform the litigation system,it is necessary to reform the tripartite relationship and figure out the development direction of the three parties.First of all,the party of trial should be established as the center,the court should be required to have the highest status in the proceedings,and the criminal proceedings should serve the whole process of the trial,which is different from the reform mode that only focuses on the trial substance.Secondly,they are independent from each other,and the two systems that seriously affect the independence of each other--case transfer system and procedural reversal system--should be separated and reformed,so as to properly handle the internal and external relations between the two sides.Third,both sides of the trial and defense respect each other,rational dialogue,mutual support,legitimate exchanges,the court with appropriate methods to guide lawyers to exercise the right to defense in the process,and the establishment of defense lawyers "last question" system;Fourthly,both sides of the prosecution and defense pay attention to equality,emphasize the protection of lawyers' rights and interests,restrict and reform the power of the procuratorate instead of separating and depriving,protect one side and control the other is the key point of reshaping the relationship between prosecution and defense.The development direction of the tripartite relationship of prosecution,defense and trial is clear,and the building of criminal procedure system will be completed in the future.