The Supreme Law Commentary on the Gu Chujun case: let the public realize that the trial is not going through the motions.


The Supreme Law Commentary on the Gu Chujun case: let the public realize that the trial is not going through the motions.

Original title: Gu Chu army retrial: Justice centered on trial

In June 13th, the Supreme Court opened an open court in the first circuit court to hear the registered capital of the original trial defendant, Gu Chujun, such as the original trial defendant. It violated the disclosure and non disclosure of important information, misappropriated the case of retrial, and Pei Xianding was the chief of the trial. It is reported that the trial lasted for 15 hours on the 13 day and was broadcast live through micro-blog. The 14 day trial continued.

On the trial of the case, Internet users said that the first day had been 15 hours of trial, perhaps to create the first day of the case for the longest time record. In my opinion, this trial fully listened to the views of both the accused and the accused, and fully demonstrated the evidence of all sides, and was a vivid practice of the trial centralism. No matter how the case is ultimately decided, the trial mode has achieved visible fairness and justice, and it is a benchmark to meet the public's right to know and enhance the credibility of the judiciary.

Trial centralism calls for the trial stage to be the center of the whole criminal procedure in relation to all stages of criminal procedure. The judges are required to be in the middle command and referee. The prosecution and defense parties are fully debated, the court trial is conducted in an orderly manner, and the accused is convicted and sentencing through the evidence recognized by law. This is the triangulation pattern of the judges in the middle command and the referee. It requires effective elimination of improper intervention, the comprehensive implementation of the rules of evidence referee, strict collection, fixation, preservation, examination and application of evidence in accordance with the law, so as to ensure that the trial plays a decisive role in identifying facts, identifying evidence, protecting litigious rights and fair referees.

By watching the live broadcast of micro-blog's trial, it can be said that the trial of Gu Xiao Jun's retrial is a perfect presentation of the doctrine of trial centralism. It effectively safeguards the rights of defendants and defenders, so that both prosecution and defense can express their views in an orderly manner and submit evidence. This trial allows the parties to fully feel the right to be respected and the procedural justice to be heard in accordance with the law. It is also known to the public that trial is not going through the motions, nor is it a "public inspection and legal operation".

Several details are worth noting, such as the withdrawal of prosecutors who applied for public prosecution in court. Such as Gu Chu's many emotional agitation, anger prosecutors and asked for a fair hearing, all were explained by the judges, and the court trial continued. That is to say, although the views of the parties were quite intense and some appeals were dismissed, the "onlookers" did not believe that the court had suspected the existence of black box operations. On the contrary, from the comments of the netizens and the views of the people in the industry, the evaluation of the trial is quite high, and it is not due to the refusal of the trial staff to stop the related requirements of the accused and think "unfair trial".

"The Central Committee of the Communist Party of China on the comprehensive promotion of several major issues of the rule of law," points out that "to promote the trial - centered reform of the litigation system, to ensure the investigation and prosecution of case evidence of the case can stand the test of the law. We should fully implement the rules of evidence referee, strictly collect, fix, preserve, examine and use evidence according to law, improve the system of witnesses and appraisers to appear in court, and ensure that the court plays a decisive role in identifying facts, identifying evidence, protecting litigious rights and impartial judges. Only in this way can all kinds of evidence submitted by the public prosecutor be effectively tested and the proof of the accused can be taken seriously. Only in this way can the parties and the public realize the fairness and justice and increase the credibility and authority of the judicial adjudication.

Author: Shi Hongju

Source: news media of the people's court

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Responsible editor: Gui Qiang


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