Chinese Litigation Reform: Towards a Trial Centered System

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Wang Minyuan et.al., Chinese Litigation Reform: Towards a Trial Centered System, Beijing: China University of Political Science and Law Press, 2016

Abstract: The trial-centered reform of the litigation system in China is aimed at solving the problems of “out-of-control investigation”, “mal-functional check and balance mechanism”, and “unbalanced relationship between the prosecution and the defense” that sometimes occur in the investigation-centered litigation mode. Its ultimate goal is to further promote and better safeguard judicial fairness. The difference between the “trial-centered” litigation system and the “investigation-centered” litigation system is superficially a question of “who has the final say” in the criminal procedure or what is the emphasis of criminal litigation, but essentially a question of “what is the basis of the final say” or what are the different methods of litigation. The objective of implementing the trial-centered reform of the litigation system is not only to transform the litigation system, but more importantly, also to strengthen the protection of the rights of subjects of criminal litigation, even to restructure the relations between subjects of criminal litigation.