刑事庭审制度研究

iple serials, court trial principles can be divided into three parts. Firstly, to construct the court trial frame and form the structural principles as the basis of trial; secondly, to establish the operational principles for the litigation participants to follow during the whole trial process; and finally, to establish principles for the judge to follow in his decision or judgment. Therefore, principles for the court trial may be summarized as follows: 1. Judiciary independence. The judge is free from interference and is only bound by law. 2. Judiciary neutrality. The judge should be free from the bias based upon the interest temptations. The judge should take an impartial stand in its exercise of the judiciary powers. In addition, the judge should be chosen by the means of law. 3. Judiciary supremacy. Owing to his functions and stand, the judge should hxdye the final say in the whole litigation process. 4. Equality between the prosecutor and the defense. This calls for the provision of the equal opportunity for both prosecution and defense to obtain information relevant to the cases under trial. The main path by which the accused may act as one of the litigation subjects is running-in, concoction and integration.

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