The "Decision" of the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China put forward: "Promote the reform of the litigation system centered on trial, and ensure that the factual evidence of investigating and examining prosecution cases can stand the legal test." Trial is the central link and the last line of defense in litigation. Promoting the reform of the litigation system centered on trial highlights the central position of trial and grasps the "bull nose" to ensure judicial justice. To promote the reform of trial-centered litigation system, judges in middle and primary courts should firmly establish the concept of trial-centered litigation and fully understand its significance in strengthening judicial justice, improving human rights protection and enhancing judicial credibility; Accurately grasp its connotation, give full play to the role of trial, especially trial, and earnestly achieve fair justice.
Highlight the central position of the trial. The key to centering on trial lies in centering on trial. The substantive justice of case adjudication should be realized through the procedural justice of court trial. Only by adhering to the trial as the center and focusing the attention of all litigants on the trial court can we provide a more suitable carrier and a more solid foundation for the implementation of various criminal justice concepts, and implement the concepts and principles of equality before the law, respect and protection of human rights, a legally prescribed punishment for a crime, compatibility between crime and punishment, equality between prosecution and defense, and procedural justice in every case. The litigation activities of the court and the participants in the litigation should be carried out around the trial. The facts of the case should be ascertained in court, the evidence of litigation should be presented and cross-examined in court, and the defense opinions should be published in court. In particular, it is necessary to fully respect and ensure that lawyers perform their functions and powers according to law, so that all parties to the lawsuit can testify and reason in court, prevent the trial from being formalized and "hollowed out", and avoid litigation procedures.
Fully implement the rules of evidence adjudication. The "Decision" emphasizes "fully implementing the rules of evidence adjudication". The rule of evidence adjudication, also known as evidence adjudication, requires judges to determine facts according to evidence, and facts cannot be determined without evidence; As evidence for ascertaining facts, it must have evidential ability, which can make the case reach the only reasonable conclusion; Evidence must be presented in court and cross-examined and authenticated by both the prosecution and the defense. Only in this way can the legal facts identified by the court conform to the objective facts and the ruling made is convincing and authoritative. The understanding of evidence must take the court as the time and space condition, take the evidence investigation as the cognitive way, and rely on the evidence chain to accurately construct the court facts. The "Decision" emphasizes "improving the system of witnesses and expert witnesses appearing in court to ensure that trials play a decisive role in ascertaining facts, ascertaining evidence, safeguarding the right to appeal and impartial adjudication." The rules of evidence adjudication require the equality of prosecution and defense, and adopt the principle of direct words. In litigation, equality between prosecution and defense is not only equality in status and means, but also equality in opportunity. Participants should have the opportunity to express their opinions, viewpoints and propositions, put forward evidence and arguments to support their propositions, and have the necessary facilities and safeguard measures to carry out these activities, so as to play an effective role in the formation of the judgment results.
Establish a scientific and reasonable litigation framework. The fundamental purpose of the trial-centered litigation system reform is to make all case-handling departments pay attention to the decisive role of trial, strictly implement the standard of evidence, implement the requirements of rules, and ensure the quality of cases, so as to effectively avoid the occurrence of unjust, false and wrong cases. Taking trial as the center is not court-centered, but emphasizes that the handling activities of public security organs should be carried out around court trials. The investigation organ collects, fixes and preserves evidence according to law with the standard of being able to stand the test of law and meeting the trial of the court. The public prosecution organ effectively plays the role of guidance and supervision in investigation, guides investigators to collect and supplement evidence from the perspective of responding to court questions and defenders' questions, and pays attention to the integrity of the evidence chain. The court should effectively improve the ability to control the trial, protect the litigation rights of the parties according to law, give full play to the role of trial in restricting and guiding the investigation and prosecution, prevent cases with unclear facts and insufficient evidence from entering the trial procedure, and improve the overall level of criminal proceedings.
(The author is Party Secretary and President of Anyang Intermediate People's Court, Henan Province)