刑事庭审制度研究

  Criminal court trial refers to the trial activities of the judge with the participation of other participants of the proceedings. In order to function, court trial calls for four chief elements: 1. Subject element. Judge, prosecutor and the accused are the subjects of court trial while the witness, expert witness, interpreter are also the secondary subjects of the court trial although judge is the leading subject of court trial; 2. Object element. i.e. criminal cases; 3. Space and time element. Court trial takes place in the specified space and time, solemnity is the feature of space while continuity is the feature of time. The settings of the space and time of trial does reflect the spirit and model of the trial. 4.Method element. The steps, activities of the participants and procedure by which the court trial can be pushed to completion. Court trial model largely depends upon the correlation of the judge, prosecutor and the defense and their interaction. Purpose of the trial is to settle dispute and the functions of trial are triple: 1. Facts verification; 2.Construction and interpretation of rules of law; 3. Dispute settlement. The target of values of the court trial is objective justness and the realization of litigation efficiency.

  The realization of the court trial functions and the target of values call for a kind of reasonable structure and mechanism whose constituting elements are the principles of court trial. As princ

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