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| How to Promote a Trial-centered Approach Through Amendments to the Criminal Procedure Law |
| Wei Xiaona |
| Renmin University of China, Criminal Law Science Research Center, Beijing 100872, China |
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Abstract The Criminal Procedure Law is about to undergo a new round of amendments. Although the specific amendments have not yet been determined, there is a consensus on advancing reforms of the trial-centeredness through legislative amendments. As for how to promote a trial-centered approach through legislative amendments, adhering to the principle of seeking the greatest common denominator and referencing Article 14 of the International Covenant on Civil and Political Rights, a feasible practical solution is to “introduce two principles and establish two rights”.Introduce two principles A widely criticized issue in practice is the improper division of cases for trial by courts. While separate trials are not an intolerable error in theory, the fundamental reason for intense dissatisfaction among the legal profession arises from the fact that the defendant's right to confrontation is not effectively safeguarded. Another major challenge in advancing a trial-centralism in practice is the use of technical investigation evidence. Allowing for out-of-court examination of technical investigation evidence essentially represents a concession to protect investigative interests at the expense of in-court investigation and cross-examination principles. However, such concessions cannot be unlimited, they must ensure the protection of the defendant’s right to confrontation as a baseline. Introduce two principles A widely criticized issue in practice is the improper division of cases for trial by courts. While separate trials are not an intolerable error in theory, the fundamental reason for intense dissatisfaction among the legal profession arises from the fact that the defendant's right to confrontation is not effectively safeguarded. Another major challenge in advancing a trial-centralism in practice is the use of technical investigation evidence. Allowing for out-of-court examination of technical investigation evidence essentially represents a concession to protect investigative interests at the expense of in-court investigation and cross-examination principles. However, such concessions cannot be unlimited, they must ensure the protection of the defendant’s right to confrontation as a baseline. Introduce two principles A widely criticized issue in practice is the improper division of cases for trial by courts. While separate trials are not an intolerable error in theory, the fundamental reason for intense dissatisfaction among the legal profession arises from the fact that the defendant's right to confrontation is not effectively safeguarded. Another major challenge in advancing a trial-centralism in practice is the use of technical investigation evidence. Allowing for out-of-court examination of technical investigation evidence essentially represents a concession to protect investigative interests at the expense of in-court investigation and cross-examination principles. However, such concessions cannot be unlimited, they must ensure the protection of the defendant’s right to confrontation as a baseline.
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Received: 06 September 2024
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2025, Vol. 55 
