| The establishment of the judicial center litigation system is one of the important contents of the current judicial reform in our country.It is the inevitable requirement of constructing the socialist country ruled by law and realizing the justice that people can see.The core of the judicial center litigation system lies in highlighting the substantive role of judicial activities in criminal proceedings,changing the pipelined operation of public security bureaus,procuratorates and court organs formed in judicial practice for a long time,giving full play to judicial disputes and safeguarding the value of human rights.Human nature is the sum of all kinds of attributes of a particular subject.The analysis of human nature is to discover the foundation and value of human nature behind the concrete system from the angle of individual person.On the basis of Human Nature through grasping the concrete system To promote the better implementation of the system.This paper probes into the judicial center litigation system from the angle of human nature in order to establish and realize the value of the trial center litigation system in protecting human rights,realizing judicial justice and maintaining social order.This paper is divided into four parts.The first part discusses the basic theory of the trial center litigation system,the basic theory of human nature and the necessity of analyzing the trial center system from the angle of human nature.This paper holds that the trial center refers to the trial activity as the center,which contains the essence of the trial,and is the best litigation structure which respects the law of justice and guarantees human rights.Human nature includes good and evil,rationality and irrationality,materiality and spirituality,nature and sociality,and so on.Each factor coexists but will exist dynamically under the influence of the surrounding environment.From the perspective of human nature,the judicial center litigation system is to realize the scientific legislation,the legitimacy of the procedure,and the establishment of the judicial center litigation system.The establishment of a socialist country ruled by law is an inevitable requirement for the protection of human rights.The second part analyzes the current situation of our country’s trial system,and tries to explain the reasons from the angle of human nature.The lack of fairness of litigation structure,the lack of pretrial restriction,the deficiency of trial function and the deviation of cognition of litigation value are the present situation of our country’s trial system,among which,the main reasons for this situation are the people’s seeking advantages and avoiding disadvantages and human nature’s evil.The third part analyzes the necessity and feasibility of judicial center litigation system from the angle of human nature.The maximization of evil,irrationality and interest demand in human nature makes it necessary to establish the judicial center litigation system,and the good,rational and dynamic characteristics of human nature make it feasible to establish the trial center system.The fourth part returns to the concrete construction of trial center litigation system from the angle of human nature.In this paper,first of all,we should start with the change of concept,secondly,we should pay attention to the perfection of relevant evidence system,thirdly,we should strengthen the restriction on power and the protection of rights,finally strengthen the construction of legal profession community and enhance the senseof honor of legal profession.Broaden the communication and exchange between the legal profession,set up the idea of realizing the socialist rule of law together. |