| Promoting the reform of trial-centered litigation system,ensuring the truths and the legality of the investigation,prosecuting case.And the efficient of the evidence.This is a important change deployment made by the central of CPC in order to comprehensively advancing the rule of law,accelerating the construction of a socialist country under the rule of law,adhering to strict judicial procedures,and ensuring the fairness of criminal justice.The substantial nature of criminal trial is an important part of "trial as the center".The essence is that the facts of a criminal case should be determined through court trial.And on this basis,the defendant's conviction and sentence should be decided.At present,China's criminal justice is faced with such realistic difficulties as wrong convictions and absence of judicial justice.At the same time,Because of the insufficient implementation of investigation centralism,case-based trial mode and direct speech principle,the trial becomes more formality,which restricts the realization of substantive trial in China.This article takes the trial centralism and the trial substantive reform as the theoretical background.And tells "trial centralism" and "trial substantive" apart.And lies the foundation on the status and cause of trial.By analyzing and summarizing the past experience,this article also explores and extends trial-centered trial substantive ways by analyzing the practice of local cases.This article is made of 4 parts.The first part mainly is aiming at discussing the essence of criminal trial.To know better making the trial process substantialized,we shall deeply explore its generating background,basic concepts and theoreticalbasis.And in this part,I will tell the relationship between "trial centralism" and "making the trial process substantialized".The theoretical basis of the materialization of the trial is discussed in order to better analyze and interpret the materialization of the trial.The second part discusses the problems and causes of China's criminal trial procedure.In the practice of criminal trial in China,there exists the problem of trial formality,that is,the formalization of criminal trial.By analyzing the formation reasons of the formalization of the trial,it can be found that the formalization of the trial is caused by a variety of causes,such as the lawsuit mode centered on investigation,the trial mode centered on case files,and the inadequate implementation of the principle of direct speech.The formalization of the trial not only makes it difficult for the prosecution and defense in the trial to effectively promote the litigation activities,but also makes it easy for the wrongful and false cases,infringes human rights,and even makes the process of the materialization of China's criminal justice system.The third part summarizes the practice and exploration of the materialization of China's courts.The substantive practice of the trial was carried out in chengdu,sichuan,wenzhou,zhejiang and jiangxi,which had both successful experience and limitations in practice.Based on the analysis and summary of the practice in various places,further improvement Suggestions were put forward according to the problems in the practice exploration.The fourth part discusses the extension path of substantive trial centered on trial.Firstly,it should be changed from "centering on investigation" to "centering on trial".Secondly,it puts forward some concrete measures to promote the essence of criminal trial procedure.Such measures as giving full play to the role of the pretrial conference mechanism,improving the evidence investigation system of the court,strengthening the debate in the court and providing some supporting conditions for the materialization of the court.The author hopes to make an in-depth analysis of the substantive process of the trial and summarize the practical problems and put forward corresponding improvement measures,so as to contribute his ideas and Suggestions for the better operation of the substantive process of the criminal trial. |
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