On The Center Of Trial

From the perspective of functionalism of case fact finding,we can find that the reform of "court trial as the center" started from the reform of criminal procedure trial mode from 1979 to 2012,and the new round of reform completed the task of trial mode transformation.In recent decades,the logic of reform can be summarized as deconstructing the foundation of the existence of examination papers from the outside,promoting the formation of the demand for court trial,constructing the conditions for the realization of court trial function from the inside,solving the long-standing problems such as pre emption,virtual court trial and safeguarding the rights of the defendant through dual efforts.However,this attempt has not achieved ideal results,and the problem of court trial is still there.The new round of reform also faces the dilemma of system function,and it is still unable to complete the transformation from restricting the function of marking papers to realizing the function of court trial.Furthermore,it analyzes that the fundamental reason for the dilemma of the reform of criminal procedure in recent decades lies in the deep structure of criminal procedure,and further discusses the different levels of criminal procedure structure,criminal procedure mode,the way of finding out the facts of the case and the specific system.It is found that the function of marking papers and finding out the facts of the case in court is based on the positive triangle Criminal procedure structure.Therefore,the transformation from the criminal litigation structure to the litigation mode is a feasible way to realize the reform of "taking the trial as the center",so as to provide guarantee for the maximum exertion of the trial function.