Research On The Substantialization Of Criminal Trials

In recent years,successive judicial tragedies have revealed the drawbacks of the criminal court system in our country:under the stage of litigation,the right of investigation and prosecution can not be well supervised by the investigative organs,procuratorial organs and judicial organs.The trial stage is replaced by the investigation stage,and the court hearing that affects the final outcome of the case tends to be formalized."The decision on a number of major issues in the overall promotion of the rule of law" has been put to a high level of importance.One of the aims of this reform is to realize the final decision of the court trial on the outcome of the case,and the standards put forward to the trial are also applicable to the investigation and the investigation.Review the stage of prosecution.Under the background of the comprehensive implementation of the "trial centered litigation system reform" and the implementation of the "life-long system" reform in the case of the case,we should eliminate the factors that cause the formalization of the criminal trial,emphasize the central position of the trial stage,change the linear structure relationship between the investigation and the trial,and change the previous trial with the conviction as the center of gravity and become a conviction.With the measure of sentencing,the principle of direct speech is replaced by the principle of direct speech in the way of trial,and the role of the pre court meeting will be played scientifically,and the formalization of court trial is ensured on the system level.The first aspect of this article is to start with the introduction of the essence of the trial,and let us understand its meaning and the relationship between it and the trial centralism,and at the same time let more readers know the status and meaning of the substantive trial in the process of the whole criminal procedure;the second aspects introduce the foreign trial.The quality of the performance and characteristics of the other countries to understand the substantive background of the trial and the implementation of the relevant system and measures for the realization of the substantive trial;third aspects,the existing problems of our criminal procedure system is introduced,and its relative to foreign court system in terms of specific problems to be described in terms of the specific problems to be described.That is to say.There are two main problems in the current criminal trial system in China:first,in the case of investigation as the center,the trial can not play a decisive role in the result of the case,the trial is interfered by other organs,and the judge can not truly achieve the jurisdiction of the independent line,which leads to the injustice of the trial.The phenomenon appears;second,the court trial mainly revolves around the file,some of the matters which should be solved in the court trial are advanced to the pre-court meeting stage,causing the court trial to go on the court and become an insignificant link.In view of the above problems,the fourth aspects of this paper are to be solved through the following ways:one is to replace the linear structural relationship between the investigation and the trial by the triangular structure relationship,the two is to eliminate the appearance of the pretrial meeting instead of the trial,and to clarify its procedural function orientation,and the three is to realize it.The way of trial is changed from the centralism of files to the principle of direct verbal principle.The four is to change the court trial which used the conviction as the center of gravity.ItThe essence of criminal trial is one of the goals put forward by judicial reform centered on trial.In order to realize the essence of the criminal trial,we should clarify the problems of the investigation stage,the stage of examination and prosecution and the stage of the trial;to establish the trial as the center in the external relations and to emphasize the importance of the trial in the internal relations,and then with the guarantee of the relevant system,so as to achieve the purpose of judicial justice.