刑事庭审制度研究

  Reform of the pre-trial proceedings has, to some extent, excluded the pre-judgment phenomenon and at the same time has taken into account the transition from the old to the new system and the status quo of the present judiciary practice. However, there may still exist the possibility that the judge is not well acquainted with the cases, which may give rise to another kind of twisted pre-judgment. In this case, the legislative purpose can hardly be achieved. Additionally, owing to the fact that the judge is not clearly aware of the contents of the cases he is to try, the trial may as well present a kind of formalities. Therefore, to xdyoid the aforementioned problems, three steps may be taken in the reform of the pre-trial proceedings. The first step is to deliver all the fundamental case materials and to set up pre-trial discussion meeting as the reformative measures. The second step is to learn from the doctrine of plane indictment , deducting the materials to be delivered and realize the review of procedure . The third step is to establish preliminary trial proceedings when conditions are ripe and the preliminary proceedings and trial proceedings should be presided over by different judges, effectively excluding pre-judgment in practice.

  A number of controversial issues need to be solved in the court investigation and argumentation process. One is to determine the sequence of the court trial. The first principle to be fol

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