Journal of Shanghai University (Social Science Edition) ›› 2021, Vol. 38 ›› Issue (5): 17-32.
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Abstract: With regard to fact-finding, dossier transfer system, pretrial procedure and trial-centralism are functionally related. Since the three aspects are overlapping in functions and successive in terms of procedure, “substantial dossier reading + necessary pretrial meeting + superficial trial” becomes the structure of fact-finding, leading to the dissolution of the trial-centralism. The vertical linear structure or administrative structure of criminal procedure characterized by judicial integration has no functional requirements for the procedural justification of fact-finding, thus becoming the fundamental reason to dissolve trial-centralism. Therefore, China’s criminal procedure calls for two transformations in the span of three stages: shifting from administrative structure to judicial structure and from inquisitorial system to adversary system. Only by doing this can we realize trial-centralism or defendant-centralism in the real sense and solve a series of problems from technology to concept that have long plagued China’s criminal procedure.
Key words: trial-centralism, fact finding structure, criminal procedure structure, criminal procedure model, defendant-centralism
CLC Number:
DF731
XU Yun, LI Min. On Trial-centralism: Underlying Logic of #br# China’s Criminal Judicial Reform#br#[J]. Journal of Shanghai University (Social Science Edition), 2021, 38(5): 17-32.
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https://www.jsus.shu.edu.cn/EN/Y2021/V38/I5/17