Research On The System Of Objection In Criminal Trial

Under the background of the current "substantive trial" reform,it emphasizes the effective use of the court's functions in the investigation of the facts of the case,the publication and identification of evidence,and the formation of the reasons for the referee.It also emphasizes the need to strengthen the confrontation between the prosecution and the defense.In this context,the improvement of the objection system is very important.The objection system gives equal rights to both parties to the prosecution and defense.At the same time,the opposition system also has a positive role in safeguarding the court order,promoting case trials and identification,and improving litigation efficiency.China's current laws and regulations and normative documents have fewer provisions for objection systems.The practitioners' perception of the objection system is still in an unclear state.The imperfect provisions of the objection system and the lack of understanding of the practitioners have led to many problems in the operation of the objection system in criminal trials.In order to solve the problems in the operation of China's objection system and standardize the operation of this system,this paper studies the system in the United States and Japan,and based on China's judicial practice,tries to give reasonable Suggestions for the improvement of China's objection system.In addition to the introduction and conclusion,this article is mainly composed of four parts:The first part is the functional study of the objection system.Define the concept and the value of the objection system.The second part is the research of China's objection system.In order to fully understand the current situation of the system.The third part is the overseas objection system inspection.Through the investigation of the objection system in the United States and Japan,the author finds out the characteristics and advantages of the objection system,compares them with each other,and summarizes the overseas experience that is more suitable for China to use for reference.The fourth part is the construction and improvement of China's objection system.By combining the experience of foreign countries with the reality of China,this paper puts forward reasonable suggestions on the construction and improvement of China's objection system.