Advantages and Disadvantages of Trial Centric Doctrine in China

1. The Concept of Trial Centric Doctrine

The trial center refers to the process in criminal proceedings in the trial proceedings as the center of investigation， prosecution， preparation for the entire trial， only at the trial stage， we can judge whether the suspect is guilty. This is to prevent the investigation and prosecution stage problems， affect the entire procedure justice， guaranteeing the legitimate right.

The trial center emphasizes two aspects， one is the trial of the whole proceedings， without trial the criminal suspect shall not be deemed guilty， not confession. This makes the rights of criminal suspects has been fully protected in the trial； two is the trial center on trial is the entire trial the center of the investigation and prosecution stage cannot be substituted for a trial.

2. The Merits of Trial Centric Doctrine

（1） Trial centric doctrine is the essential requirement of judicial justice

The trial center to ensure judicial justice， provide positive and effective measures to maintain social order. Justice is the lifeline of the rule of law， judicial injustice damage to the whole society greatly. The trial center is based on the judicial justice as the premise， the system for the protection， minimize the error in the process of investigation， prosecution， trial improvement the accuracy， to protect the rights of the parties to establish the trial center system， is conducive to the court objectively and comprehensively to discover the truth， that the judge ruled on the case based on the prosecution trial activities， take the law as the only standard， independent， fair to judge and referee， but also an inevitable requirement of litigation and judicial justice the principle of independence.

（2） Trial centric doctrine is the important requirement of the judge's “centering judgment”

The trial judge as the subject， judge is the behavior standard and basic requirements to realize fairness and justice. The implementation of the “trial center” litigation system， to strengthen the trial function， improve the trial judge's ability to control and trial skills， the parties right and interests of equal value， uphold the principle of neutrality， justice. The traditional litigation theory the trial is the center of judicial process， the defendant and the suspect only at the trial can be recognized as guilty or not， this supports the trial center to a certain extent.

（3） Trial centric doctrine makes the investigation procedure more perfect

The trial center makes the trial procedure in prominent position， investigation is the beginning stage of the proceedings， from the beginning of this stage， the suspect and the defendant's rights first hit， the trial center to become the center of the trial， on the protection of the rights of criminal suspects and the defendant in the litigation stage， on the other hand also make inquisition by torture events decreased， on the stage of investigation and prosecution also play a very good supervision role， the investigation stage of continuous improvement.

3. The Malpractice of Trial Centric Doctrine

（1） The stability of verbal evidence is affected

During the trial， the court will organize in the investigation stage to collect the evidence， the evidence shows that both parties will conduct cross examination， if the case is a witness， the witness， and finally to determine the strength of the evidence， the defendant and the criminal suspect of criminal law， but the implementation of the trial center， making the original evidence status of impact， at the same time because of some complicated cases， the evidence is less， there is confession possible.

（2） The risk of litigation increases

The trial center put forward higher requirements on the conditions of litigation， procuratorate must find out the truth for the case of the prosecution， which leads to increased risk of litigation， in order to improve the accuracy of the case， the need for a comprehensive review of the evidence， at the same time will have more supplemental investigation situation， affect the efficiency of the case. Specifically， the trial procedure should be oriented to public prosecution， investigation and Litigation Department to play the greatest effectiveness， if we disregard the procedures of investigation and subsequent prosecution stage， it will lead to the investigation stage to work on is invalid.

Four， some suggestions on the implementation of judicial centralism

To promote the reform of the criminal trial system centered on trial， I personally think that we can proceed from the following two aspects：

（a） to strengthen mutual cooperation between public security

In the stage of criminal investigation， “the trial centered” relationship between the prosecution and trial stages， to strengthen mutual cooperation between public security： the investigation stage of public security must be legal to collect first-hand evidence， evidence of the key to ensure timely， legitimate access； public prosecution organs in the case to the public security organs to fully review the materials after the decision to prosecute whether or not， can not be the crime of light without prosecution， crime and strict set theory； and for the court， it is stressed that the independent judgment of the case， to prevent the independence of judge's judgment to the case affected by outside interference or other relevant departments. The system of space so as to “trial center” to explore more big.

（2） Improve the system of “trial centered”

At the trial stage should further improve the “trial centered” system， to better link court preparation process and justice. Its core is to protect the defendant's request to pledge， conviction and sentencing to fully listen to the arguments of both parties after the conclusion of the judgment of the court； the authority of justice from the court， the court itself not from the trial to the facts， the judge of the case need to be sentenced to listen to that.

5. Epilogue

In the judicial reform of the top-level design， decision makers put forward a "trial doctrine for the proposition that the center"， which contributes to the implementation of the new mode of trial， contribute to the promotion of the proceedings to the direction of the rule of law development. Of course， the litigation system reform is a systematic project， is a step by step implementation difficult the process requires many comprehensive and feasible scheme is put into practice， we believe that with the advent of the era of rule of law in the process of modernization， will influence the trial center every day.

作者簡介：張明波（1991.11-），漢族，青島大學2015級訴訟法學研究生，山東省濟南市商河縣玉皇廟街道辦事處，碩士研究生學歷，刑事訴訟法。