Research On The Right Of Prosecution In Criminal Trials

In recent years,in some criminal cases,judges in courts have been in conflict with defense lawyers.Criminal trials couldn’t be conducted and the order of trials was disrupted.Some of these defense lawyers expressed their opinions in a fierce manner.For example,defense lawyers protested during the trial that the judge’s actions prevented the trial from proceeding,and defense lawyers were therefore expelled from court.The defense lawyer’s behavior needs to be discussed,but the lawyer’s objection to the judge is worth pondering.Both the prosecution and the defense should follow the direction of the judge during the trial,but the opinions of all parties cannot be completely consistent.If the prosecutors and the defense lawyers have different opinions on the disposition of the judge,both the prosecutors and the defense lawyers promptly put it forward during the trial so as to avoid damage to their litigation rights and to prevent the criminal trial from being illegal.The "Procedural Requirement for the First Instance of the Court of First Instance of People’s Courts for Criminal Cases Investigation(Trial)",which was implemented on January 1,2018,stipulates the right of opposition to litigation in the cross-examination section.The prosecutors and the defense lawyers have different opinions on each other’s behavior and may request it.The judges made the ruling,but the content of the litigation opposition right was still incomplete,and there was no provision for the objection of the judge’s ruling.The purpose of this article is to discuss the right of both the prosecutors and the defense lawyers to challenge the judge’s decision in the criminal trial,which is called litigation opposition right.This paper starts with the objection to the judge’s ruling in practical cases.The theoretical basis of litigation opposition rights,the composition of litigation opposition rights,and the proposal for the improvement of litigation disagreement rights are unfolded and divided into four chapters.The first chapter analyzes the situation of the prosecutors and the defense lawyers in the trial of the specific case,the objections of the prosecutors and the defense lawyers to the judge’s ruling,the analysis of the objections to the judge in the criminal trial,how the judge disagrees with the prosecution and the defense,and the rationality and appropriateness of the handling method.Which objections fall within the scope of the litigation objection right.Who will raise the right to raise lawsuits,what is the content,who will decide,what are the limitations of rights,and how to provide relief.The second chapter discusses the rationality of the litigation objection right.The prosecutor or defense lawyer disputes challenge the judge’s ruling and make the trial result the best,so that the situation of the case can be fully demonstrated in the trial.Analyze the theoretical basis of litigation objection right,discuss from the principles of respecting and safeguarding human rights,litigation economic principles and direct verbal principles.The third chapter combs the experience of overseas domains,and analyzes the similarities and differences in the experiences of different countries.The treatment can be used as a reference for our country.The fourth chapter puts forward the suggestion that China should clarify the right of litigant objection when perfecting litigious objection right.The trial rules should increase the content of the litigant objection to the judge’s performance appraisal,specify the procedure and timing of the objection,and the scope of litigant objection.Both the prosecutors and the defense lawyers can effectively exercise the right of opposition to the lawsuit,and at the same time,the right of opposition to the lawsuit does not infringe upon the authority of the judge and does not affect the centralized hearing of the case.