The Predicament And Way Out Of The Reform Of The Criminal Trial Substance

The essentialization of criminal trial is put forward to solve the problem of false trial in judicial practice,and its core lies in giving full play to the due function of trial to realize the decisive role of trial in ascertaining facts,identifying evidence,protecting the right to appeal and making fair judgment.The key to the reform of the trial-centered criminal procedure system is to realize the substantive criminal trial.Promoting the substantive reform of criminal trial is not only conducive to optimizing the structure of criminal proceedings,improving the phenomenon of false trial,improving the trial efficiency and improving the trial quality.Moreover,it is of great significance to prevent wrongful convictions,protect human rights,promote judicial justice and safeguard social equity and justice.As an important measure and core starting point of deepening the substantive reform of criminal trial in people's court,the application of "three regulations" is the main basis for studying the current situation of the substantive reform of criminal trial.This article through to the changsha,two levels of its criminal court judge issuing questionnaire,mainly around the focus of the "three rules" problems such as preliminary meeting system,illegal evidence exclusion,key witness to testify,the applicable situation investigation of the criminal defense,criminal trial from the above four dimensions analysis substantial changes the current of the main difficulties are: court before meeting case applicable scope is limited,the judge assistant presided over separate dispute big court before the meeting,before the court session control distinguishes between the two sides reached a consensus on the effectiveness of the lack of legal support,The scope of illegal evidence is vague,and the right of thedefendant to question the investigators is not clear.It is common for investigators to appear in court in place of the statement issued by the investigation organ,and the measures of personal safety and material security for key witnesses to testify in court need to be improved.Imbalance between prosecution and defense;Court certification and court sentencing rate to be improved.In order to better solve the above problems and comprehensively promote the substantive reform of criminal trial,the following measures are provided: making necessary pre-trial preparations and giving full play to the functional value of pre-trial meetings;Clearly define the scope of illegal evidence and improve the rules for the exclusion of illegal evidence;Strengthen the supporting support for witnesses to testify in court,ensure that key witnesses should give their full play,and refine the procedures for witnesses to testify in court,improve the questioning rules;Fully protect the right of defense of the defendant and his defenders and promote equal confrontation between the prosecution and defense;We will further improve relevant supporting measures,deepen the system of expedited criminal adjudication and lenient punishment for guilty pleas,improve the ability of judges to handle trials,improve their overall trial quality,and enhance technical support.In the active adoption of various measures at the same time to summarize and accumulate trial experience,so as to constantly improve the court certification and the court sentencing rate,so that the criminal trial substantive reform to implement.