Research On Criminal Confrontation System Under The Background Of Substantive Triai

Promoting the trial-oriented reform of the litigation system and improving the illusory system of court trials is a major reform arrangement made at the Fourth Plenary Session of the 1 8th Central Committee of the Communist Party of China.In October 2016,the Supreme People’s Court,the Supreme People’s Procuratorate,the Supreme People’s Procuratorate and three other ministries jointly issued the Opinions on Promoting the Trial-oriented Reform of the Criminal Procedure System,which for the first time put forward the substantive requirements for court trials of "four issues in court".In February 2017,the Supreme People’s Court(hereinafter referred to as the "SPC")issued the Implementing Opinions on Comprehensively Promoting the Trial-oriented Reform of the Criminal Procedure System(the "Opinions"),which clearly emphasizes that "substantive reform of court trials shall be the core." In December 2017,the SPC issued the "Three Rules" to deepen the substantive reform of court trials,give full play to the decisive role of trials,especially court trials,in criminal proceedings,and establish a more detailed,standardized,and substantive criminal trial system.The trial-oriented criminal litigation requires the realization of "Four in Court",which means the evidence is presented in court,the facts of the case are ascertained in court,the arguments are expressed in court,and the results of judgment are formed in court.The "Four in Court" is also the main content of the substantive reform of court trial.The substantial reform of court trial is reflected at the substantive level,that is,"the court determines the defendant’s criminal liability after a criminal trial";and the confrontation of criminal court trials guarantees the realization of court trial substantial reform at the procedural level.Concretely speaking,confrontation is not only a technical procedural rule,a system of authority confrontation,a method of finding out the facts of a case,but also a rule of right guarantee,a system of right pledge.Confrontation in criminal court trial is the main way to realize the focus on court trial and the focus on trial in criminal litigation.However,in the judicial practice of China,confrontation in criminal court trial is quite rare,the phenomenon of fictitious criminal court trial still exists generally,and big obstacles still need to be overcome to realize the substantial of court trial.This thesis adopts the methods of literature study and case study.Firstly,it intends to summarize the criminal confrontation system in the context of court trial substantiation from such three aspects as the conceptual issues,the basic principles and the significance of improving the criminal confrontation system in the context of court trial substantiation.Then it turns to the United States,which has a strong Anglo-American legal system,to study the American model of the criminal confrontation system under the background of the substantiation of court trial.Then it returns to our country to study the laws and regulations of the criminal confrontation system,through the case study method of China’s judicial practice of the substantive criminal confrontation system of the application.Finally,it puts forward four ways to optimize the criminal confrontation system,perfect the criminal confrontation system,perfect the trial-centered lawsuit system reform and trial-centered trial substantive reform.The first is to construct the "crossexamination" system with Chinese characteristics in the context of the substantive trial.The second is to perfect the pledge system in the criminal trial,perfect the defendant’s right to start and right to ask questions,and set up the exception of the pledge according to the principle of balance of interests.Thirdly,improve the procedural rules on confrontation and inquiry in criminal trials,reasonably define the necessity and applicable conditions of confrontation in trials,develop feasible methods for operating confrontation in trials,and improve post-confrontation crossexamination procedures,in order to promote effective crossexamination.Fourthly,with the materialization of court trials,it is imperative to implement the system of witnesses appearing in court,detail the safeguard measures for the safety of witnesses appearing in court and other relevant supporting measures for optimizing the criminal confrontation system,through improving the documentary recording work mechanism of court confrontation.