Study On The Substance Of Trial Defense

The substantive trial is an important content in the reform of the system of the criminal lawsuit of our country present stage,the requirements to find out the case facts,ruled that the evidence in the trial,protect litigious right eventually form a fair referee,testify in court,certification and debate.In the substantive trial,the defense party has always been in a weak position in the three-party structure of prosecution,defense and trial.The phenomenon of unequal prosecution and defense often occurs in the trial,which makes it difficult to realize the substantive trial defense.In the existing laws and regulations,although the content of trial defense has been stipulated,there are still various problems in practice.In this regard,reasons will be found from multiple links,such as proof,cross-examination,certification and debate,which affect the materialization of trial defense.Problems that are difficult to realize the materialization of trial defense will be analyzed and studied,and Suggestions for improving the system rules will be put forward.To study the materialization of trial defense,the first step is to solve the general theoretical problems of materialization of trial defense,summarize the basic concept of materialization of trial defense,adhere to the protection of the right to defense and implement the materialization of trial defense.And should make clear the value pursuit of trial defense materialization.In the current system and rules,there are many problems restricting the materialization of trial defense,such as the doctrine of file transfer,absence of witnesses,difficulty in obtaining evidence by lawyers,and defects in the system of trial defense evidence rules.To solve the above problems,we will start from two aspects: the trial system and the construction of the supporting system.On the one hand,in the process of trial,the system of defense trial evidence rules,adopt dynamic rules of the trial defense system construct,in order to against the accused's trial activity,suggested that continue to improve the system of witness to testify and build trial lawyer speech exemption from liability system,to guarantee the litigious rights of the defendants,and Suggestions to speed up the implementation of our country's criminal defense attorney for the whole work,guarantee suit right of the accused person.On the other hand to set up the discovery system,perfecting the lawyer read power,the perfect lawyer investigation power,allowsdefendants to fully understand the indictment of evidence materials,preparation work for the trial of proof,cross-examination,finally proposed effective defense and ineffective defense system,supervision and lawyers do,due diligence defense duties.Through each system consummation and the construction,fully implements the trial defense materialization,finally enables the defendant to obtain the fair judgment.