The Research On The Judge Response To The Defence System Of Criminal Trial Period

Judge advice to defense response mechanism is composed of a variety of response behavior of organic coordination and interaction of institutionalized operation system,this article analyzed the present stage of the judge response behavior shows with judgment reasoning response is given priority to,the trial judge in the process of auxiliary features such as verbal response.Therefore,the author focuses on the judge's response to the defense opinion in the criminal trial stage,especially in the criminal judgment.The author conducts a questionnaire survey and interview with the lawyer,and the investigation results show the objective situation of the judge's response to the defense lawyer and his defense in the criminal trial.The author randomly selected 60 in China's judicial documents of a municipal court criminal the first-instance judgment,the judgment of the list of defense opinions,defense opinions adopted or not the cause of the argument and the judgment of word count,length,etc were analyzed.On this basis,summed up the reason,at present our country judge a response to defense opinions exist many problems,including the analysis of the evidence,the applicable law of reasons things out the insufficiency,the defense opinions mostly sentencing and adopt co.,LTD.,the judgment does not response to defense opinions on each argument,etc.For the above problems,due to the past,most studies are put forward analysis and solution are relatively macroscopic way reform,such as "litigation structure imbalance,suspected crimes from no is not assured,the concept of' and so on.These reasons and measures seem to be comprehensive but not specific and practical.Therefore,this paper starts from the problems that exist in the procedural law itself,the factors that influence the judicial decision-making of judges and the institutional factors,and analyzes the causes.Furthermore,it puts forward more targeted and operable concrete measures,including the legal consequences of refusing to respond to the justifications.To give counsel to the counsel for relief when his defence is not answered;To construct the mechanism of the combination of mandatory and incentive mechanism in response to the defense;It further clarifies the specific criteria for determining the facts of the case and the application of the law in the defense opinion of the lawyer;We will improve the access mechanism of defense lawyers and so on.Under the background of the reform of the criminal procedure with the center of trial,how to carry out the system exploration of "the substantiation of the trial" becomes the meaning of the question."The substantiation of the trial" emphasizes that the criminal trial stage is no longer just "going through the field","the form",but the actual effect of controlling,arguing and examining the three parties to solve the case.The relationship between the defense and the trial party is an important part of the criminal trial.During the investigation stage,the defense lawyer will collect evidence and meet with the criminal suspect;In the course of the trial,the mutual rebuttal of the prosecution,the ultimate aim is to persuade the judge to adopt his defense opinion,and then influence the result of the judgment.Therefore,it is an effective measure to strengthen the judge's response to the defense opinion.In the process of judicial decision-making,the judge has the right to have sufficient discretion,and the adoption or rejection of the defense is also based on the free heart of the judge.Due to judge the possibility of arbitrary referee is inevitable,therefore,he who asked a judge to responding to the lawyer opinion and give sufficient argumentation,public process,judge the is not only beneficial to the reasonable limit judge's discretion,and conducive to the protection of the right to defence on part of the lawyer,the lawyer to defend play a substantial role in the process of trial,protection of the legitimate rights and interests of the accused,the final realization of judicial justice,judicial justice open,sunshine.