On The Relationship Between Investigation And Judgment

The Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China and the Fourth Plenary Session of the Eighth Central Committee of the Communist Party of China have issued a major reform decision such as "playing the role of the trial center" and "promoting the reform of the litigation system centered on the trial".This marks the basic pattern of criminal justice in China.The transformation of centralism to trial-centeredism began to break ice in the concept and even the system.From the investigation of centralism to the center of the trial,the main body involved both investigation,trial,including prosecution,defense and other criminal proceedings.However,in the context of the investigation and judgment of the main research object,the relationship between the two has not been paid enough attention in the academic and practical circles.From the historical evolution of the relationship between the investigation and prosecution,with the continuous optimization of social governance and the way of resolving disputes,after the state and the law,there have been different historical stages such as the separation of the investigation and judgment,the investigation and judgment and the judgment and investigation.The transition from centralism to trial-centeredism is the only way for a state of criminal lawsuits.Through the analysis of the relevant concepts of investigation,investigation center and trial and trial centerism,it can draw the relevant nature of investigation and trial,and then come to the distinction between the nature of investigation and trial,that is,the distinction between administrative power and judicial power The Judging from the relevant connotation and extension of the relationship between the investigation and punishment,the criminal procedure which can reflect the relationship between the investigation and investigation is divided into three basic elements: judicial review,the barrier between investigation and trial,and evidence of adoption.The judicial review is the pre-relationship in the relationship between the investigation and prosecution,the evidence of adoption is the post-mortem relationship in the investigation and judgment,and the barrier between investigation and trial is the relationship between the investigation and judgment.The presumption of innocence,judicial review and judicial independence reveal the right and duty relationship between investigation and trial from different angles.From the basic principle of the relationship between the investigation and prosecution,the proper construction of criminal procedure,The relationship between legitimacy and legitimacy is based on the macroscopic orientation of the basic relationship between the judicial relationship and the microcosmic perspective of the rights and obligations,and the state of the relevant state to form the theoretical level.A comparative study of the relationship between Anglo-American law countries,civil law countries and other countries and regions found that although the above-mentioned countries and regions differ in the judicial system,system and procedural rules,the investigation service trial,trial The concept of regulatory investigation and the design of the system are reflected in its case law or statute.First,countries(regions)have built a corresponding judicial review mechanism.Second,countries(regions)have made careful institutional arrangements to prevent the judge from prejudging the investigation and obstruction mechanism.Third,countries(regions)have provided procedural legal consequences.And from the reality of the situation in terms of our investigation and prosecution relationship is still in the center of the investigation center,the macro level of judicial review dislocation,detection barrier failure,evidence of the phenomenon of failure,micro-level to judge the investigation as an example of empirical research The conclusion that the investigation relationship needs to be improved urgently.Analysis of the reasons for the alienation of the relationship between the investigation and prosecution in China,embodied the heavy burden of history,the system design is not scientific,practice running aliasing and so on.Combined with the above analysis,the truth of the relationship between the investigation and prosecution of the state-to the center of the trial as the realization of the path: from the judicial review of the relationship between the judicial review,the barrier between investigation and trial,evidence of adoption of the three aspects,from the individual design to the overall design of the order that evidence of adoption,judicial review,the barrier between investigation and trial were separately reform.Specifically,it is necessary to guide the investigating authorities to standardize the evidence,to further improve the rules of illegal evidence and police court testimony system;to build a judicial review system;effectively play the preconference system functions,promote the separation of investigative functions,the implementation of substantive trial.In addition,from the indirect factors that affect the relationship between the investigation and prosecution,we should gradually weaken and even eliminate the external factors that affect the independence of the judiciary.