Reflections on Carrying out the Principle of Direct Verbal Trial in Criminal Action in Our Country
Zhou Fang-jian
Abstract
Zhou Fang-jian
Abstract
The principle of direct verbal trial is a basic modern principle in criminal action,which is carried out in the practice of criminal action in many countries.Though the criminal law and some relevant explanations in our country have embodied the principle of direct verbal trial,this principle is not totally carried out due to the obstacles in legislation and judicial practice.Therefore,to carry out this principle in our country,we must set up a system to require the witness to appear in court,restrict the written oral evidence,and reform the ways of court trials.This paper,starting from analyzing the obstacles,proposes some assumptions to carry out this principle.
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The principle of direct verbal trial is a basic modern principle in criminal action,which is carried out in the practice of criminal action in many countries.Though the criminal law and some relevant explanations in our country have embodied the principle of direct verbal trial,this principle is not totally carried out due to the obstacles in legislation and judicial practice.Therefore,to carry out this principle in our country,we must set up a system to require the witness to appear in court,restrict the written oral evidence,and reform the ways of court trials.This paper,starting from analyzing the obstacles,proposes some assumptions to carry out this principle.
Key concepts: Action (physics), Witness, Criminal trial, Legislation, Embodied cognition, Set (abstract data type), Law, Criminal procedure