The Principle Of Direct And Verbal Trial Under The Judicial Centralism

Tribunal judicial centralism is a significant part of the current reform of criminal Justice whose aim is to realize the essence of judicial activities.The establishment and implementation of the direct and verbal principle is an inevitable requirement of the judicial center reform.Therefore the deep and thorough study of the principle is helpful perfect the reform.The whole essay is composed of four parts besides the introduction and conclusion.The first part interprets the connotation interpretation of the direct and verbal trial principle.it includes direct principle and verbal principle.The direct principle emphasizes the judicature and the primacy of evidence.The verbal principle emphasizes that oral evidence should be presented orally,and the written record materials formed before the court cannot be served as evidence in principle.There are some differences between the direct and verbal trial principle in continental Europe and the rule of hearsay evidence in Anglo-American law system,but they also have similarities.Through the analysis of the differences and similarities between the two rules,it provides reference for the application of the direct and verbal trail principle in the trial.The second part analyzes the relationship between the tribunal judicial centralism and the direct and verbal principle.First,the principle is the due meaning of the tribunal judicial centralism,which realizes the tribunal judicial centralism by discovering the entity reality of the case,ensuring the subjectivity of the accused and restricting the investigation and prosecution.Second,the direct and verbal trail principle guarantees the tribunal judicial centralism,which is mainly reflected in the discovery of the facts of the case and the avoidance of unjust,false and wrong cases.The third part and the fourth part respectively discuss the challenges and countermeasures of the direct and verbal trial principle from the judicial practice of our country.It is mainly discussed from three aspects: the negative influence of the first book doctrine and the ways to overcome it.The judge relies too much on the dossier for trial.The violation and obstruction of the direct and verbal trial principle in the dossier's written record is not conducive to the discovery of the truth of the case,which leads to the weakening of the tribunal judicial centralism.This paper mainly reduces the influence of case record on the judgment result from two points: first,the judge changes the idea of the natural trust of the case record;second,it limits the scope of the prosecution to transfer the case record,and the judicial bureau assumes the function of case record management.Second,the low attendance rate of witnesses and experts directly hinders the use of direct words in the trial.The problem of low court appearance rate should be solved by improving the law related to witnesses and appraisers and strengthening personal security.Thirdly,the low effective defense rate makes it difficult to carry out effective defense and cross-examination.It can be solved by improving the protection of a lawyer's practice security and the effective defense of lawyers as well as the legal aid system.