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庭审实质化是与庭审虚化相对应的概念,是庭审制度改革的必经之路,是指要充分发挥庭审的实质作用,让当事人在法庭上说话,法官通过控辩双方激烈交锋,在庭审中获取到有价值的信息,提得最大程度的法律真实,从而对法院进行公平公正的裁决。为改变传统的“由供到证”“由证定案”的断案模式,庭审制度的实质化,首先是法官判案意识的提高,充分发挥庭审的价值,鼓励当事人双方在法庭上进行举证质证、抗辩等一系列的活动。同时庭审实质化的深化改革还包括侦查机关的举证制度的改革,以及法院要充分发挥法庭的调查取证的而功能。
The essence of the trial is the concept corresponding to the trial of the trial, the only way to reform the trial system, which is to give full play to the substantive role of the trial, let the parties speak in court, the judge through the fierce battle between the prosecution and the defense, in the trial Access to valuable information, made the greatest degree of legal truth, so that the court fair and impartial ruling. In order to change the traditional pattern of “from evidence to evidence” to “verification of evidence”, the substantiveness of the trial system begins with the improvement of judges’ judgment in judging cases, giving full play to the value of trial and encouraging both parties in court Conduct proof of quality, defense and a series of activities. At the same time, substantive deepening reform of the courtroom also includes the reform of the proof system of the investigating organ and the function that the court should give full play to the court’s investigation and evidence collection.