Adhere to the trial as the center to promote the substantial reform reform of the trial. Release time: 2022-03-0919: 18 Wednesday Source: □ Lu Zhijun’s reform of the criminal proceedings centered on trial is a major deployment of the Fourth Plenary Session of the 18th Central Committee of the Party. The task of reform is also an important part of the reform of the judicial system, which is of great significance in the history of the development of my country’s criminal proceedings.Further improve the quality and efficiency of criminal trials, fully implement the principle of evidence referee, strictly control the facts and evidence of the case, and promote the substantialization of trials. We should focus on institutional exploration from the following aspects, summarize the reform experience in a timely manner, and strive to promote the reform of the trial system.
The first is to establish the concept of trial -centric. The reform of the criminal proceedings centered on trials is a major reform and deployment made by the Party Central Committee. It is related to the construction of the country’s rule of law, related to social fairness and justice, and the people’s living in security.
The purpose of advancing reform is to promote the concept of legal inspection in the case of case handling, and the concepts and principles of equality, respecting and guaranteeing human rights, punishment of crime, punishment of crimes, prosecution, procedure justice, etc. in front of the law are not Implementing it into every case, ensuring that the trial play a decisive role in identifying facts, identifying evidence, protecting the right of complaints, and fair referees.
The second is to implement the pre -court meeting system. The pre -court meeting is a pre -preparation procedure set up for the successful trial, the purpose is to ensure the concentration, sustainability, and efficiency of the trial.
It is necessary to solve the procedural problems such as jurisdiction and avoidance through the pre -court meeting, sort out the focus of disputes, allow the two parties to comprehensively and effectively obtain information about the case before trial, sort out the evidence of both parties, and conduct evidence of no objection during the trial. Simplify the syndrome and put the main energy on different evidence, so as to improve the targetedness of court investigation and debate, achieve outstanding points, truly resolve disputes, and improve efficiency.
For major and difficult cases, if most of the disputes can be resolved in the pre -court meeting, the trial will go smoothly, so as to save more time. However, the pre -court meeting is a preparation procedure for trials. It can neither weaken the trial nor replace the trial. The collegiate panel carefully reviews the file materials before the trial, and fully prepares in front of the court. Quality and efficiency of trial. The third is to promote the substantial reform of the trial.
Before the reform of the criminal proceedings centered on trial, in the case of criminal judicial practice, the three organs of the Public Prosecution Law emphasized too much emphasis on cooperation and insufficient supervision and restrictions. The phenomenon of investigating centralism decided to prosecute and prosecute the trial.
After the reform, the judge presided over the court trial to abide by the principles of neutrality. By chairing the trials, he listened to the opinions of both parties to find out the opinions and facts, and applied the law correctly. Regarding some issues raised by the defense, the prosecution is vague and answered in front of them. The judge shall notify the prosecutor in court that the procuratorial organs shall bear the responsibility of proof. If the question cannot be explained reasonably, a referee will be conducive to the defendant. The court investigation procedure is the key link of criminal proceedings. Evidence referees, referees, centralized trials, rights protection and procedures are the basic principles of court investigations. It stipulates that the testimony of discrimination is effectively improved and the judicial certification is substantially improved.
At the same time, it is necessary to improve the proof, qualifications, and certification rules of various types of evidence, and ensure that the evidence of litigation is displayed in courts and cases. The facts of the court and the debate are published in courts and referee results. The constraints and guidance effects to prevent cases with unclear facts and insufficient evidence enter the trial procedure, and improve the overall level of criminal proceedings. Fourth, illegal evidence is excluded in accordance with the law. At present, there are not many cases that have been excluded from illegal evidence. In the end, there are also a few cases that really eliminate illegal evidence, which affects the effectiveness of the law to a certain extent.
The judge should use the subjective initiative and be good at finding problems through the review of the papers. If the defendant and the defender propose to eliminate illegal evidence and propose related clues or materials and meet the law, it shall be resolved through legal procedures to start the elimination of illegal evidence procedures.
If illegal evidence procedures are activated, it is necessary to strictly conduct the principles of investigation in accordance with the law.
It is necessary to actively guide the two parties to fully debate around the legitimacy of the evidence, and urge the public prosecutor to verify the legitimacy of certificates.
It is necessary to review whether the public prosecution organs have checked the legitimacy of the question before the investigation. For cases that mainly rely on words and evidence, if confirmation or cannot be ruled out by illegal methods, it is necessary to resolutely exclude it. This is the principle that must be observed. The exclusion of physical evidence, calligraphy and evidence evidence is different in terms of standards. The physical evidence and documentary evidence reflect a certain objective situation. Its stability is much stronger than the evidence. Those who meet the requirements of legal norms can be supplemented and reinforced. The physical evidence and documentary evidence that cannot meet the legitimacy of the evidence after supplementation must be excluded.
For defective evidence, only the requirements for evidence are incomplete, and it is not illegal. It cannot be directly ruled out. It can be regarded as evidence to be determined by evidence. Whether it has the ability to evidence depends on whether the flaw can be corrected or reasonably explained. Fifth, strengthen the simplified and divergent role of criminal cases.
In our country’s judicial practice, most criminal cases are relatively mild. The cases of the criminal proceedings system should be strengthened in order to timely regulate the number of cases that enter formal trials in a timely manner and allocate limited judicial resources to difficult and complicated. Criminal cases. If all criminal cases must go through strict court trial activities, it will not only cause unnecessary additional burdens on public prosecutors, but also to prevent rapid handling of minor criminal cases. Promote the simplification of cases, optimize the allocation of judicial resources, improve the rapid procedure of criminal cases and confessing and confessing and confession. Simplify procedures, simple procedures or ordinary procedures to ensure that criminal cases are simplified, complicated, and simple.
Only by promoting the "reform of criminal proceedings centered on trial" and "improving criminal lawsuits in criminal lawsuits, confession and punishment from the broad system" can truly realize the reform goals of optimizing the configuration of judicial powers and continuously improving judicial credibility.
Editor in charge: Liu Ce.