Criminal Prosecution And Trial Relations Research

Because the political life is becoming more democratic and the way to deal with the social affairs is becoming more scientific today, acclaim for judicial reform is also arising higher and higher. The research on the relationship between prosecution and trial has become one important issue in the process of criminal judicial reform. In a sense, the situation about this relationship between prosecution and trial in one country has become one important element to evaluate the developing degree of one country's democracy and legislation. For many years, still nobody has made a systematic and thoroughful study on this relationship in Chinese academic circles. Now in our judicial practice the relationship between these two is confused and the prosecution-trial function is also mixed. In view of this condition, it is of theoretical significance and current value to probe into this area..This paper may be divided into four parts: 1 Brief introduction about prosecution right and trial right. 2 Criminal procedure mode and the relationship between the criminalprosecution and trial.3 The theory and principles about the prosecution-trial relationship. 4 The condition and reconstruction of Chinese prosecution-trial relationship.The problem about the relationship between prosecution right andthe trial right. Prosecution, trial and defense are the three basic functions in the criminal procedure. Prosecution and trial separate from each other and also rely on each other. Prosecution is the guide of trial. The scope of prosecution decides the scope of trial. However, the operation of trial decides that of the goal if prosecution can be achieved. With the statement of the trial procedure, the quality of prosecution will be checked on continuously. Only the criminal indictments that have clear facts, stuffiest evidence and correct accusation (charges) can be accepted by the court. The prosecution right has characteristics as follows: 1 Initiative (be started actively by the government organ or theindividual victim) 2 It is one of requests (that is one of the judicial claims, thesubstantive claims involved can be achieved finally only by theway of trial) 3 It is one of responsibilities (the aim of prosecution is to affix thedefendant's criminal responsibility in order to recover the legalorder that has be destroyed).On the other hand, the trial right has the characteristics as follows: 1 Independence (substantive independence, identity independence,collective independence, internal independence) 2 Neutrality (the person that has interest with this trial can not be thejudge; the result of the case can not include the individual interestof the dispute settlers; the dispute settlers should not stick to orobject to one party's prejudice)3 Be passive (starting process and trial process are both passive) 4 Multilateral-participation fudges, prosecutor and defense are allinvolved)Problems on prosecution-trial relationship in various lawsuit procedure mode. We research on this problem mainly from the vertical and transverse aspects. Criminal procedure system has class stand and technical feature, it shows the ordinary effort of human beings in the process of maintaining the normal order, dealing with the social offenses. So we should take the foreign, historical relevant system and practice as our reference. Even the unsuccessful practice can warn us to avoid making mistakes. In some countries, the system civilization has developed to a higher degree, the arrangement about the prosecution-trial relationship is also more reasonable and scientific, so it is more valuable for us to research. For some parts of the content, we can use for reference according to the reality in China now. By this way it is important for us to develop the theory and practice concerning with the prosecution-trial relationship.The theory and principle about the "prosecution-trial relationship". The modern criminal procedure theory and the prosecution-trial relationship princi...