Xiong Qiuhong: Substantiation of Criminal Court Trial and Reform of Criminal Trial Mode

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Substantiation of court trial is an inevitable requirement of criminal trial and the nominalization of court trial has been a prominent problem in the criminal justice system in China. The transition of trial mode from an inquisitorial one to an adversarial one has laid the foundation for the solution of the problem of nominalization of court trial and the realization of substantiation of court trial. In order to ensure the decisive role played by court trial in the finding of fact, determination of evidence, and protection of litigious rights, it is necessary to improve the rules on the production of evidence, cross-examination, and verification of evidence and substantiate court investigation and debate procedure. Meanwhile, it is also necessary to promote the transition of the criminal trial mode from the traditional “umbrella structure” mode to the modern “triangular structure” mode. The criminal trial mode in China has the characteristics of both the inquisitorial and adversarial modes. Yet it is not the simple combination of the two modes, but has been restrained by such factors as cultural tradition, judicial system, criminal policy, and available resources and shows obvious mixed, transitional and changing characteristics. A comprehensive analysis of such factors as institutional approach, legislative technique, and the rule-of-law environment shows that China should adopt the principle of direct verbal trial and the doctrine of deportation of case files, and by drawing on the experience of Continental Law countries, elaborate on exceptions to the direct verbal trial principle and strengthen the legitimacy of the system of deportation of case files itself.