The Role Of Prosecuting Attorneys In Criminal Trial Stage

Modern criminal judicial reform witnesses many judicature unfairness and miscarriages of justice. Inquiring its reason, no doubt there are aspects concerning judicial system and judicial ideas, in particular regarding the criminal prosecution process, especially trial stage. The unreasonable disposition of supervision power is one of the important roots of miscarriages of justice and judicial unfairness. In the criminal trial stage examination personnel collects public prosecutor and the legal inspector within one body, seriously affected the appeal function and the legal surveillance function's normal exercise, causes the weak legal surveillance function with to be originally nominal in the trial stage, thus has created the appeal and retrial being in flood in the certain degree, causes the people to examine personnel's role to have the suspicion of decision authenticity and judicial fair. These phenomena seriously harmed judicial credit, harmed the judicial reform and the harmonious society's construction. Newly research regarding the criminal trial stage examination weight redeploys is urgent.This article take the role theory as reference, unite criminal trial stage's characteristic and the examination power's special characteristics, carried on in-depth analysis to the criminal trial stage examination power, combed the examination power interior and the exterior of each kind of authority relations, swept clean the theoretically barrier for the examination power reasonable disposition, and contrast overseas examination power disposition condition, then carried on reconsidering our country's related situation, proposed the examination power disposition objective and the principle, then finally partially proposed in the article carries on the disposition to the criminal trial stage examination power. The special legal surveillance firstly achieves the separation of the multiple roles of procecuting organization; secondly changes the passive and unitary way of the afterwards surveillance; thirdly enhances the judicial organization to perform their power and duty seriously under the prerequisite of the independent criminal trial; fourthly explicits the more strict, clear and harmonious relations of criminal trial law and the activity order. The design of the...