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Journal of Beijing Normal University(Social Sciences) ›› 2023, Vol. 0 ›› Issue (2): 100-111.

• Rule by Law and Social Governance • Previous Articles     Next Articles

The Adversarial Criminal Dossiers:Based on the Analysis of Promoting the Substantive Trial

LIANG Yingxiu1, WANG Lei2   

  1. 1. Law School,BNU,Beijing 100875;
    2. Legislative Affairs Commission,NPC,Beijing 100805,China
  • Online:2023-03-25 Published:2023-04-06

Abstract: Current judicial reforms aim to make trials substantive by cutting off the judges' pre-trial access to the dossiers.However,practice has proved that this kind of reform weakened the overall support of dossiers for judges' judgment,led to court trial confusion and impaired court trial efficiency.Considering the inertia of the “reading-style judgment” system,a more feasible approach is to reform the dossiers and try to harmonize the reading-style judgement and substantive court trial by strengthening the transfer of case files.In order to realize the substantive court trial,the emphasis of reform should be made on improving the comprehensiveness of judges' reading files on the basis of reinforcing the antagonism of dossiers.As a result,it is very necessary to implement the responsibility of the prosecution organ to comprehensively collect evidence,ensure that lawyers' opinions and other materials are fully attached to the dossiers,and strengthen the protection of the right to defense by virtue of the openness and responsibility attributes of the dossiers,so that judges can focus on the issues of the case and improve the trial efficiency.

Key words: reading-style judgement, substantive court trial, adversarial criminal dossiers, the system of defense-dossier transfer

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