| The Trial centered Criminal Procedure,rather than the judicial theory,principles or systems,as it is a judicial value orientation.At the institutional level,the trial center is the general principle of a series of institutional reforms.At the negative level,the trial center means that the separation of powers and checks and balances are ruled out.At the institutional level,the trial center points to the core of the rule of law,Western judicial independence.This article is divided into four parts: value theory,subject theory,relationship theory and procedure theory,in order to explain the trial center in the end "what","why" and "how to do".First,what is the trial center? Is the Western developed countries self-evident judicial system?Is democracy,justice,efficiency for the pursuit of "doctrine" ? Or the judicial reform strategy put forward by our country through official documents? The answer is yes,but are not fully revealed what the trial center.In essence,the trial center is a comprehensive concept,both the concept of law,but also the principle of justice,but also point to the practice of a series of institutional reform guidance.Secondly,why should the establishment of the trial center? This is based on what the center of the trial is stretched out.The reason why the establishment of the trial center is the recognition of the value of the trial center.In short,the trial center is "beneficial" in the existing judicial environment.Next,how to establish a trial center,the trial center "how to do",which is the main content of this article.Corresponding to the concept of the trial center,the construction of the trial center should be from three major points of view,the formation of a complete system.Subject theory This part of the solution is the center of the trial center should be the problem.The trial is a people-centered work,and any specific trial work must be carried out in the final analysis to the point where "people make judgments",so that the judge should be the subject of the trial and discuss its power and rights.Relationship theory.This part explores the relationship between the trial center.The trial center is a complete litigation system in which all aspects of relations must be defined and regulated,in which the internal relations of the judiciary include the relationship between the investigators and the examining organs;the external relations include the The relationshipbetween the court and the executive,the political party and the supervisory authority.3.procedural theory.This part explores the procedural construction of the various stages of criminal proceedings.To the trial process as the core,while the pre-trial procedures,non-trial procedures to explore the establishment of the trial process as the center of the criminal proceedings.In summary,the trial center based on the judicial reality,the construction of the main trial,the trial process as the center of the criminal procedure system,with a view to establish the authority of the trial to achieve the target value of the trial center. |
