Examination Of Evidence Of Criminal Charges Under The Doctrine Of Trial Centre

The construction of the socialist rule of law is improving day by day,but it cannot be denied that it is impossible to avoid wrongful convictions,such as in the cases of Zhao Zuohai,She Xianglin,Du Peiwu and so on.The reason why these cases have become wrongful convictions lies in lack of evidence.Traditionally,some regional judicial organs try the cases in the mode of“emphasizing testimony over the objectivity of evidence”,“emphasizing entity conclusion judgment over the examination of procedure of legality”and“centered on investigation,focused on documented review,emphasizing mutual coordination over supervision and restriction”,which leads to lack of examination of evidence.When the case goes into the trial procedure,its malpractice gradually appears.After the fourth plenary session of the 18^thCPC Central Committee,the statements of“promoting the reform of the judicial system centered on trial and ensuring that the factual evidence of the investigation,examination and prosecution can withstand the test of the law”were explicitly put forward in Resolution of the Central Committee of the CPC on Major Issues concerning the Enhancement of all-round Law-based Governance.Since then,the“Trial-centered Model”has been brought into the framework of the judicial system in our country.The ultimate purpose of the“Trial-centered Model”is to ensure that the cases in trial procedure meet the statutory requirements of“facts are clear and evidence is irrefutable and sufficient”,thus improving the quality of judicial cases and preventing the occurrence of wrongful convictions.This pattern of litigation has also put forward new requirements to the procuratorial organs.The public prosecution and other criminal prosecution departments should be keenly aware that the core of this adjustment and variation is to establish the mode of prosecution and defense as the operational mode of trial and put it into practice.The requirements of upgrading“the review of evidence in the case”to“the basis of deciding on a verdict”are stricter.Therefore,the procuratorial organs should follow the trend of judicial reform and construct the evidence examination system of criminal charges,which ensures that the cases stand scrutiny and the test and avoids wrongful convictions.It can also enhance judicial protection of human rights and guarantee criminal justice.