On The Criminal Trial Fair

The trial is the goal of the procedure and the trial procedure reflects the criminal principle. To reform the trial model can finally lead the huge change of the model and function of our criminal procedure system. The fair legal procedure is the security and the premise of criminal trial justice; the fair judge is the goal of the trial. The fair criminal trial is that the procedure system conforms to the fair requirement and the judge is accepted generally by the society. It's the judgment standard that conforms to the populace's common consensus. The author considers that the justice standard of the criminal trial is the populace's fair. Therefore, the procedure should conform to the populace and the judge should be accepted by the society. The crucial is that the populace directly participates in the trial. In the present, the participation of the populace in the criminal trial doesn't have enough function. Therefore only bring in the jury and establish the genuine populace's justice can realize the justice in the criminal trial.This dissertation paper is composed of four parts, except for introduction, and the main content is as follows.Part I The theoretical foundation of the justice of the criminal trial. In this part, the author introduces the meaning of the justice and the judgment standard of the trial. The criminal trial that conforms to the common consensus of the populace is the real justice. The populace justice is which combines the procedure with the judgment in the trial. It reflects in two aspects: firstly, the criminal system conforms to the common consensus of the populace; secondly, the judgment is accepted by the society. That the populace participates directly in the trial is the request of realization of the judicial democracy and the trial justice.Part II The reflection of the justice in the foreign countries. There are many differences among the function of the judge, the foundation of the trial, the status and relation of the two parties in these countries. However, we can't consider which model is advanced and which one is...