Study On The Substantive Of Criminal Trial

The fourth plenary session of the 18 th CPC Central Committee proposed "promoting the reform of the litigation system centered on trial" and demanded "guarantee the court trial to play a decisive role in ascertaining facts,identifying evidence,protecting the right to appeal,and impartial judgment." That is to realize the substantive role of criminal trial.The core of this is to examine the facts of the case and determine the criminal responsibility of the defendant.However,due to the fact that there are always some problems in our country,such as court trial being empty and formalistic,the court trial cannot give full play to its real value.Under the background of preventing wrongful convictions and taking the reform of the litigation system centered on trial,through the review of theoretical research and judicial practice,by using literature research,historical analysis,and comparative analysis,discuss the main reasons of court trial being empty and formality.The unreasonable structure of the criminal trial,The method of trial of archival centralism,The formalization of the trial content,And imperfections in the mechanism of simplified shunt.To a certain extent,these problems to a certain extent make the trial emptyand formalistic,Therefore,only by thoroughly and meticulously studying these issues can we better improve the trial activities and realize the substantiveity of the trial.In view of the main problems existing in the substantive of the trial,and through the investigation and comparison of the extraterritorial system,the proposal to realize the substantive feasibility of the trial is proposed.Therefore,in order to realize the substantive of criminal trial,it is necessary to construct a criminal trial structure of the isosceles triangle;It is necessary to explore and implement the principle of direct speech,and to break the method of trial of archival centralism;It is necessary to realize the substantive content of the trial and improve the mechanism of simplified shunt.After these aspects of the improvement of the program,in order to achieve the reform objectives of the substantive trial of the criminal trial.Of course,the substantive reform of the trial,like any other reform,cannot be achieved in one step.It is hoped that through the study of the substantiveity of the criminal trial,the mainproblems existing at present will be revealed,thus contributing a small amount of power to the realization of the substantiveity of the criminal trial.