Ming, Hu; Xin, Wang --- "Trial-centeredness, substantiation of court hearings and reform of the criminal justice system: an empirical research on court records and judgments in the People’s Republic of China" [2019] ELECD 304; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2019) 195

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN: 9781788976732

Section: Chapter 9

Section Title: Trial-centeredness, substantiation of court hearings and reform of the criminal justice system: an empirical research on court records and judgments in the People’s Republic of China

Author(s): Ming, Hu; Xin, Wang

Number of pages: 32

Abstract/Description:

The criminal trial, the core of modern criminal justice, is focalized by the judicial reform of the People’s Republic of China (hereafter the PRC). Trial-centeredness requires judges to, first of all, “oyer” and “terminer” as well as censor evidence in the flesh; and secondly to decide the case based on in-court evidence which has faced cross-examination. Besides, trial-centeredness demands the accommodation of pretrial procedures, e.g. investigation, etc., which enable criminal justice to be rooted in criminal trials and reshapes the quadripartite relationship between investigation, prosecution, defense and judicium. Empirical analyses show that criminal actions of the PRC are still characterized by deposition-centeredness which veils the construction of investigation-centeredness (in criminal action). Therefore, the gradual reform to trial-centeredness ought to grasp opportunities offered by the enforcement of the revised/amended Criminal Procedure Law of the PRC and the judicial reform in the nation: to focalize on guaranteeing the right of cross-examination in order to sustain substantiation of court hearings; to progressively limit probative forces of evidence from the perspective of evidentiary competency; and to improve the Division-Coordination-Checking Principle. The ultimate goal is to realize tangible justice in the criminal justice system. This research is presented in six sections: the first part/introduction will provide some background information of the criminal judicial reform being undertaken in the PRC currently; the second part displays relevant theories; the third part consists of empirical analyses conducted in this study; the fourth part is made up of discussion; based on the results and discussion, implications are drawn in the fifth part; and lastly, conclusions are rendered.