The Study Of The Relationship Between Prosecution And Defense In The Perspective Of "Trial-centered"

Trial-centered litigation,put forward in the fourth Plenary Session of the 18 th Communist Party of China Central Committee,plays a significant role in China's overall reform blueprint.It represents the inherent requirements for a modern criminal justice system and points out the direction for the development of the Chinese criminal procedure system.The Chinese judicial organs,including the police,the procuratorate and the court,have conducted new and specific reforms for the purpose of making solid progress in the trial-centered criminal procedural reform.The relationship between criminal prosecution and defense has a clear mark of its times.How to adjust such relationship to accommodate the requirements for trial-centered criminal procedures in the reforms is a significant issue worthy of further study.This dissertation focuses on the prosecution-defense relationship,a classic topic in criminal litigation,and proposes several specific requirements for it by injecting modern elements of trial-centered criminal procedures and combining the most up-to-date reform measures with an aim to optimize distribution of power among the parties in criminal proceedings,consummate their duties and responsibilities,and lay the theoretical ground for combatting crimes and protecting human rights,which is the fundamental value of criminal proceedings with a novel approach.Apart from the preface and conclusion,this dissertation consists of four chapters.In Chapter One,by conducting an analysis of the actual influence of trial-based criminal procedure on both the prosecution and defense parties,the author puts forward a general and recapitulative theory building for what the prosecution-defense relationship ought to be against the background of trial-based criminal procedures and thus deduces her core thesis that prosecution-defense equality is the basic foundation for a prosecution-defense relationship,that the effectiveness of prosecution-defense confrontation is the explicit requirement for the performance of a prosecution-defense relationship,that the cooperativeness of the plea bargain is the inevitable choice of the contemporary development,and that the balance between the prosecution and the defense is the ultimate state of a prosecution-defense relationship.Based on the theory constructed in Chapter One,the remaining chapters focus on each sub-thesis accordingly.By probing into current legislation,judicial practice and their supporting systems,the author explores each sub-thesis from prosecution-defense quality,the effectiveness of prosecution-defense confrontation and the cooperativeness of the plea bargain,which finally leads to the harmonious balance between the prosecution and the defense.In Chapter Two,by comparing the equal status requirement for trial-centered criminal procedure to theprevious study of prosecution-defense equality,the author proposes the concept of Three Equals,namely equal powers between the prosecution and the defense,equal treatment to all parties by the judicial organs,and equal feelings of the parties involved.In this sense,the concept of Three Equals has enriched the content and meaning of equality of litigation status between the prosecution and the defense under the setting of trial-centered criminal procedures.Chapter Three explores the effectiveness of prosecution-defense confrontation under trial-centered criminal procedures.Quality proceedings require quality confrontations between the prosecution and the defense.Problems such as failure of the existing confrontation rules in judicial practice and incapability of the parties could no longer adapt to the demands of a substantial trial court.By conducting cause analysis of the above problems,the author comes up with propositions to ensure a series of effective confrontation rules and to strengthen the performance of the prosecution and the defense.Chapter Four demonstrates the plea bargain mechanism between the prosecution and the defense.The plea bargain is a common practice in ordinary procedures.It plays an even more prominent role in summary procedures.By justifying the plea bargain mechanism in four dimensions,namely its value,procedure,substance and practice,the author puts forward the basic requirements for the plea bargain and emphasizes the judiciary's recognition of party autonomy between the prosecution and the defense so as to lay out the basic requirements and path for improving the plea bargain mechanism.The relationship between the prosecution and the defense,such as equality,confrontation,and cooperation,is not a research subject with originality in terms of decentralization,since it has been repeatedly mentioned by the academic community.However,few scholars have made a clear description of the specific state of the prosecution.From the author's perspective,such key words pertaining to the prosecution-defense relationship should be taken into account systematically under the same context.By laying out the ought-to-be state of the prosecution-defense relationship against the background of the trial-based criminal procedure,putting the four key words,namely equality,confrontation,cooperation and balance into a stereoscopically reasonable position with a holistic approach,keeping her analysis of the prosecution-defense relationship closely to the trial-centered topic,the author has built up a solid thesis for the connotation of the prosecution-defense relationship in our times.