On The Substance Of Criminal Trial And Its Safeguard Countermeasures

Substantialization of trial is the theme of the reform of our country's trial-centered litigation system in recent years.The purpose of promoting the materialization of trial is to overcome the phenomenon of court trial falsification in criminal proceedings in the past,and really play a decisive role in finding out facts,identifying evidence,protecting litigation rights and impartial adjudication.In China's long-term judicial practice,the unreasonable structure of criminal proceedings has not been well resolved.In the trial stage,the prosecution and the defense have unequal legal status,the role of judges is not clear,and the imperfect evidence adjudication procedure and other factors easily lead to the formalization of criminal trial procedures.In judicial practice,arrest and kidnapping trial,examination of records have become the main way of trial in some places.The materialization of the pre-court meeting and the fact that the court trial only focuses on conviction make the criminal trial procedure to a certain extent a mere formality.Formalization of court hearing not only jeopardizes the procedural justice of criminal proceedings,but also affects the fairness of the results of case handling,and even the possibility of unjust and false cases.Judicial practice shows that there are many reasons leading to the formalization of criminal trial,including the macro-level reasons such as judicial system and litigation system,as well as the specific reasons such as failure to fully implement the rules of evidence adjudication,strictly collecting,fixing,preserving,examining and using evidence according to law.The author believes that only by truly realizing the substantive nature of the court trial in criminal proceedings,can we ensure that the objective of the principle of due process,democracy of litigation,civilization of litigation,openness of litigation and equality of prosecution and defense can be well achieved through the visible court trial,and that the negative effect of court trial on illegal procedure and evidence can be effectively exerted,thus realizing the substantive justice of case adjudication.On the basis of deep reflection on the harmfulness and causes of the formalization of court trial in the past,this paper holds that in order to overcome the formalization of court trial and truly realize the materialization of courttrial,we must start from all aspects of criminal trial,further improve the system of pre-court meeting by establishing a trial-centered trial mechanism,effectively realize the substantive confrontation between the prosecution and the defense in court trial,and strictly implement evidence.The principle of adjudication should really straighten out the relationship between the collegial panel and the trial committee,and give full play to the substantive function of the court trial in the conviction and sentencing of the defendant.