The Research About Configuration Of The Criminal Judicial Powers

Deepening the reform of the judicial system, optimizing judicial resource configuration, standardizing judicial actions and constructing just efficient and authoritative socialist judicial system, has become the new targets of the fundamental principle:managing state affairs according to law. Optimized allocation of the criminal judicial powers is one of the important contents of the complex system. The article researched the problem on the whole of criminal judicial system. The article divided into four parts.The first part is the current situation and improvements of the power configuration in investigation procedure in our country. Through the inspection of the power configuration between the continental law system and common law system, basing on the deep analysis of continental power configuration in investigation procedure, the article summarized the current situation and provided the reasonable way to realize the configuration in investigation procedure in our country.The second part is the reasonable allocation of the power of the procuratorial organ and its realization. The article analyzes the current situation of the allocation of the procuratorial power, and then found out the problems to be solved, at last provided specific idea to realize reasonable allocation of procuratorial power. First, strengthening the realization of the independence of the chief procurator, giving the procurator independent procuratorial power and establishing corollary supervision system. Second, setting up investigation and litigation system, the core of which is the procuratorial organ charged with proseecution right. Based on the self-investigation power and command-investigation power, carrying out public prosecution commanding investigation, reducing police power appropriately. Third, separating legal supervision power from proseecution right suitably.The third part is the double dimension authority optimized allocation of criminal trial. Firstly, clearing the target and conception of the criminal trial authority,raising the overall design of optimized configuration of criminal trial powers,then from two dimensions,designing the optimized configuration of criminal trial powers. One is "tangible" setting, namely for correction or reconstruction of the current status concerned with criminal trial function. The emphasis included the problems outside court system, such as the level setting, funds source and the revolution in personal appointment and nomination, and etc. What's more, the emphasis included innovation design of trial system inside court, auxiliary system and administrative management system, which is not related to the trial judge but is indispensable. Another one is "invisible" reform, namely, to improve or rebuild the system, which infect the logical execution of the criminal trial powers. The emphasis is to establish the jury system, victim-offender-reconciliation system, and criminal evidence rules, which have close relations to criminal trial activities.The fourth part is the influence of lawyer adversarial system in criminal criminal trials on the reasonable allocation of the criminal judicial power. Based on the clear relation between lawyer adversarial system and criminal judicial power allocation, probing that the improvement of lawyer adversarial system will affect the allocation of criminal judicial power.