How to guard the bottom line of fairness and justice in the reform of criminal procedure

How to defend the bottom line of justice in the reform of criminal procedure system: from "Investigation Centered" to "trial centered" — how to defend the bottom line of fairness and justice in the reform of criminal procedure system? The Supreme People’s court and the Supreme People’s Procuratorate, Ministry of public security, state security and the Ministry of justice recently jointly issued "on promoting the reform of criminal procedure system centered on the trial of opinions", making clear the deployment of China reform of criminal procedural system. Legal experts said that the views of the reform of China’s criminal proceedings touched the long-standing crux of the criminal procedure system will effectively ensure that the bottom line of fairness and justice. To "the Investigation Centered" system operation vocative case, the crux of Zhang Shuzhi, Chen man…… In recent years, a number of miscarriages of justice have been corrected, which reflect our criminal litigation system problems provide much material for thought. Bian Jianlin, Dean of the China University of Political Science and Law law pointed out that China’s past "Investigation Centered" criminal litigation practice trial caused by over reliance on the investigation file records of written materials, the court a mere formality, the criminal proceedings through the court found the truth and greatly reduced the value of human rights protection, is not conducive to the effective investigation of crime, but also easily lead to the occurrence of miscarriages of justice. The pattern of "Investigation Centered" can be called the "CIS mode"." Renmin University of China law school professor Li Fenfei said that in the past, the criminal procedure from the investigation and prosecution to trial, has always been in relay state. Like a boat down the river, as the source of the investigation once formed, will be about to follow up procedures. In the downstream of the prosecution, the trial can only accept the findings of the investigation, it is difficult to make disruptive changes. "The people’s courts, the people’s Procuratorate and the public security organs to handle criminal cases, shall be responsible for the division of mutual cooperation, mutual restraint, to ensure accurate and timely ascertainment of the facts of the crime, the correct application of the law to punish criminals, to protect innocent people from criminal prosecution." The introduction of the views at the outset, pointing to the crux of the existing criminal litigation system. Bian Jianlin believes that this opinion clearly requires to ensure that the investigation, prosecution and prosecution of the facts of the case can withstand the test of the law. Fully implement the principle of evidentiary adjudication, collection, preservation, and in strict accordance with the fixed evidence review and application, improve the witnesses and expert witnesses to testify in court system, ensure the trial in ascertaining the facts and evidence, protect the right of action, play a decisive role in justice. This not only reflects the inherent requirements of the modern criminal justice law, but also defines the direction of the development of China’s criminal procedure system. There is no doubt that the principle of presumption of innocence is based on the principle that "no one can decide to be guilty by the people’s court in accordance with the law"." Li Fenfei said, "with the opinions of the introduction of the principle of presumption of innocence in the actual Chinese has air plant, also can be seen as a sign to abandon the old litigation mode." A number of reform initiatives to ensure that the "trial centered" in fact, in order to promote the trial as the center of the litigation system reform is an important task of the party’s the fourth Plenary Session of the 18th CPC Central Committee deployment, is even more handsome相关的主题文章: