On The Perfection Of The Trial-centered Criminal Procedure System

The trial-centered criminal procedure system is an inevitable requirement for the balance between the basic rights of democracy and the public power of the judiciary.It is a centralized reflection of the independent exercise of judicial power according to law.Modernization of systems and governance capabilities.First of all,this article starts from the reform background of the trial center.The earliest litigation stage theory in China's criminal litigation system is based on the basic principles of the three organs of the Public Prosecution Law: "divide responsibility,cooperate with each other,and restrict each other." To proceed,in theory,each stage is to pave the way for later stages,and finally the convicted and punished the defendant through the trial stage.However,in the development of China's criminal litigation,due to the natural expansion of institutional factors and investigative powers,the investigation-centered litigation model in our criminal litigation system has made the trial falsified and inevitably led to the frequent occurrence of unjust,false and wrong cases.Therefore,for the first time in the judicial reform process of our country,the trial-centered litigation concept was used.Secondly,this article starts from the basic connotation of the criminal procedure reform of the trial center,and concludes that the trial-centered criminal procedure model is not simply equivalent to "court-centered" or "judge-centered".Starting from the framework,it continues to be based on the basic principle of division of labor between the three investigation and prosecution agencies,gradually transitions the investigation center to the trial-centered litigation status,optimizes the distribution of judicial powers,and gives full play to the absolute adjudication of judicial power in the entire criminal case right.Thirdly,from the perspectives of theoretical basis and judicial practice,this article deeply explores the practical dilemma faced by the trial-centered reform.Starting from the trial stage,the main dilemma is the process of court trials.The realization of trial-centered development is inseparable from the development of trial-centered development.All the evidence collected during the stage of investigation and examination and prosecution will be presented in court.The facts of the case and how to achieve sufficient evidence will be judged through court trials.Starting from the legislative rules,advancing the trial-centered criminal procedure model will inevitably require legislative support.The principle of direct speech is the legal principle commonly used in contemporary countries ruled by law Although some of the provisions in China's Criminal Procedure Law originate from this principle,it has not been established;starting with the litigation model,it is precisely because investigation is at the current stage that it is impossible to effectively advance the trial center litigation reform.How to effectively strengthen the supervisory and restrictive role of judicial power and how to complete the transitional trial center of an investigation center are all issues that need urgent solution.Finally,this article explains how to improve and promote the trial center litigation reform system from the aspects of substantive trial,establishment and rigorous application of rules of evidence,and optimization of judicial power allocation.The trial-centered criminal procedure reform system is not only a system or system innovation,but also a change and renewal of the criminal justice concept,and the effective promotion of reforms will help our country to further realize the rule of law and ultimately Establish and improve a society ruled by law and a country ruled by law.