Seeing the improvement of the criminal trial structure from China’s criminal courtroom arrangements (tribunal design)

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  • China University of Political Science Law, Beijing, 100088, China

Published date: 05 Jun 2006

Abstract

The setting of criminal court has become an important representation of the criminal trial structure due to its visual and vivid reflection of the legal position and relations among the three parties of litigation, i.e. the prosecuting party, the advocating party and the judge. As a result of the influence of ancient inquest  centered trial mode, lack of the defendant s right to silence and incomplete revolution of the criminal trial mode, the existing criminal court setting features an umbrella shaped structure. To reform the criminal trial structure in China, we should eliminate the air of inquest  from the existing court interrogation mode, strengthen the hearing of evidence and set up a equiangular triangle shaped trial structure of neutral trial, equality between the prosecuting and advocating parties and litigant oriented.

Cite this article

BIAN Jianlin, LI Jingjing . Seeing the improvement of the criminal trial structure from China’s criminal courtroom arrangements (tribunal design)[J]. Frontiers of Law in China, 2006 , 1(2) : 164 -184 . DOI: 10.1007/s11463-006-0002-9

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