The Inspiration Of Game Theory To Improve The Phenomenon Of Criminal Court Trial

The "Decision on Comprehensively Deepening the Reform of Some Major Issues" clearly states that the trial-centered litigation system reform is to try to make the facts and evidence of the case stand the test of the law.This shows that the trial-centered litigation system reform has been formally determined in the form of national policies.The trial system reform of trial centrism has improved the long-standing criminal trial falsification phenomenon in China's judicial practice,and created more scientific institutional conditions and corresponding supporting measures for the substantive trial of criminal trials in China.Convenient conditions have been created.In order to realize the fairness and justice of the judicial trial,we will also specifically examine the performance and reasons of the court trial blurring.For the criminal trial to really go to the substantive trial,find a path to reform or improvement.The substantive nature of the trial is the requirement for fairness and justice in criminal trials.In order to guarantee the maintenance of judicial justice,the court of the last line of defense can play a decisive role in the identification of the facts of the case,the identification of the evidence of the case,and the protection of the rights of the parties.Some scholars have proposed to prove Reforms on the cross-examination and certification rules,enriching the court investigation and debate procedures to improve the phenomenon of court falsification.Some scholars have proposed theestablishment of a death penalty defense lawyer to ensure the effective defense of the court.These measures will all improve the court trial.The role it should have.To improve the trial court ambiguity,we believe that we can not only aim at improving the countermeasures of court trials.our trial mode is not a simple cross-integration of adversary and authoritarianism.In reality,the trial method is influenced by cultural origin,judicial system,criminal policy and resources.How many factors,such as how many factors,so that mixed,transitional,and volatility coexist.Therefore,in order to get a better measure to improve the court trial,it is necessary to deeply analyze the deep-rooted reasons for the trial and falsification.This paper also starts from this level and introduces game theory into the criminal trial,which is profound from the perspective of game theory.It analyzes the deep-rooted causes of the phenomenon of trial falsification,and proposes corresponding schemes and feasible suggestions for how to realize the transition from the zero-sum game in the trial to the non-zero-sum game.According to the assumption,this thesis attempts to introduce game theory into the deep analysis of the reasons for the falsification of court trial in China.From a new perspective,it examines the causes of the falsification of judicial practice in the court,and tries to give more appropriate reasons through deep analysis of the reasons.The practical reform plan or proposal,the main body of the article is divided into the following five parts:The introductory part introduces the main problems studied in this paper,the review of the research,the theoretical value and practical significance of the research,and the specific research methods for carrying out this research.The first chapter is about the current situation and reasons of the criminal trial.Divided into two sections,the first section introduces the current situation of criminal trials in China's judicial practice,mainly in the four aspects of case finding,litigation evidence,evidence argumentation and referee reasons are not completely in the court.The second section traces the reasons of the procedural law level in the criminal court trial in China,and introduces the root cause and the direct cause.The second chapter is a deep analysis of the reasons for the criminal trial in the game theory.Based on the first chapter,this chapter mainly analyzes the game theory level of the phenomenon of criminal trial falsification in China.Divided into two sections,the first section introduces the theory of game theory and the classic prisoner's dilemma model,which lays a theoretical foundation for the game theory of the second section to deeply analyze the phenomenon of criminal court falsification.The second section is a deep analysis of the game theory aspects of the four aspects of evidence,cross-examination,certification and referee ambiguity.The third chapter is about the criminal trial system and inspiration of extraterritorial countries.Here we mainly introduce the criminal trial system in Germany and Japan.Divided into two sections,the first section introduces the German litigation negotiation system and the contents of the case file must not be instructed by the referee according to the system and the country.The second section introduces the Japanese evidence discovery system and the witness,victim protection system and inspiration for China.The fourth chapter is to form a non-zero sum game to improve the criminal trial.In the trial game,in order to achieve equilibrium,a good Nash equilibrium point is formed,which promotes the collective interest of the three parties from the zero-sum game to the non-zero-sum game to reach the substantive trial,and improves the existing phenomenon of court falsification.Specific proposals and feasible suggestions are proposed from the four aspects of evidence,cross-examination,certification and referee.Divided into four sections.In the first section,improve the evidence-providing system for those who provide written evidence to achieve substantive evidence.The second section urges both the prosecution and the defense to fully verify the evidence to achieve substantive cross-examination.In the third quarter,we will adhere to the priority principle of trial certification and achieve substantive certification.In the fourth quarter,the substantive judgment is realized centering on the trial.