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我国的刑事诉讼司法实践长期以侦查为中心,导致审判常常流于形式,刑事被告人的正当权利难以实现。落实以审判为中心的诉讼制度改革,是现代刑事诉讼的基本方向。审判中心主义并不是要以法院或者法官为中心,而是以庭审为中心,实现庭审实质化。而实现庭审实质化的关键在于实现被告的有效辩护权,因此围绕被告的有效辩护权我们需要重视一审庭审、完善庭前会议、证人出庭和律师辩护等相关制度设计,真正做到审判实质化,让每个被告人受到公正对待。
The judicial practice of criminal procedure in our country has been centered on investigation for a long period of time, leading to the fact that the trial often goes into a formal form, and the legitimate rights of the criminal defendant are hard to come by. The implementation of trial-centered litigation system reform is the basic direction of modern criminal proceedings. Trial centerism does not aim at court or judge as the center, but focuses on the trial and realizes the substantive hearing. Therefore, the key to realizing substantive trial lies in realizing defendant’s effective right of defense. Therefore, we should pay attention to the trial of first instance, perfecting the design of pre-trial, witness appearance and lawyer’s defense around the defendant’s effective right of defense. The defendants were treated fairly.