The Research Of Way Of Public Prosecution

With the pushing forward of the process of the rule of law in our country,criminal court reforms are gradually deepening.Indictment way showing in practice a number of questions indicates common concern from the theoretical and practical areas,so it needs innovations. As the bridge of the prosecution and trial,scientific and rational indictment way is important. Nowdays,Copy and Way of indictment based on the Criminal Procedure Law in 1979 borrows the parties and the adversarial system factors.The new indictment has been praised in the arts and practice.But with the passing of the time,this new system not only failed to prevent the formation of pre-trial judge to prejudge but also in judicial practice gradually exposed many shortcomings.Based on this,we must choose one between the implementation of the parties prosecution and full-volume transfer.The implementation of the complaint faces a difficult obstacle to cross,but retuming to full volume is regarded as retrogression. We must think about it seriously.I think retuming to full volume transfer is quite suitable to China.At the same time,we should set up the appropriate way to support the indictment of supporting measures to implement.This article is divided into three parts,the body of the article is more than 30,000 words.In the first part of the article,I compare the two indictments of the major countries in details and make a brief assessment.This part put the complaint in Britain,the United States and Japan and the full volume transfer in France,Germany as the foothold.First,And the main complaint is taken by a state party or parties,it is adapted to suit the structure and the value of the parties.Although the indictment is a pre-trial judges and it is able to effectively prevent prejudge and prejudice,help to maintain judge's status of neutrality,it is difficult to find that the case is not conducive to real,bring deficits to indictment review,what's more,it isn't conducive to the prevention of abuse of the right to indictment,protect the rights of the accused and the efficiency of the proceedings.Specialized pre-trial judge and Pre-trial judges and trial judges of phase separation in England and America can exclude prejudge of the trial better.However,court judges do not know of any case,and they are not only passive during the trial,but also easy to cause delays in proceedings.Japan implemented the complaint,and it ruled out prejudge of the judge.However,Japan canceled the pre-trial system,which leaded to lack of pre-trial review process and an effective constraint to the right to indictment.All of these probably cause a certain degree on the trial and prosecutors susceptible to excessive. Second,The whole volume is the indictment taken by the terms of reference and terms of country-based states.It is with the terms of the litigation and the structure of values and actions inseparable.Full-volume transfer helps to identify the facts of the case,effectively prevent the abuse of the right to indictment and is conducive to the efficiency of the proceedings.It is easy for a judge to prejudge and prejudice,easily lead to formal hearing.As a representative of terms of reference,the prosecutors in the pre-trial transfer all files to the court,and then the court review pre-trial in France and Germany.As a result of the separation of the trial judges and pre-trial judge,it prevents a trial judge to prejudge better in France. Pre-trial review of the substance can also effectively prevent the abuse of power indictment against the accused by the prosecution misconduct.Germany has not been carried out procedures of the separation of pre-trial judge between the court judges.It is easy for a judge to prejudge,leading to formal trial.The second part of this article has concerned the main problems of our country the way indictment.After the amended Criminal Procedure Law of 1996 passing,Indictment way to transfer from full-volume changed to the current Criminal Procedure Law and the implementation of evidence-in-chief of the copy of the transfer,and the purpose of pre-trial judge is to prevent the formation of pre-cut to change the court going through the motions. However,The practice proved that the copy principle don't realize its mission that prevent the Prejudging of judges,that don't change the influence to judges,that only limits in "the main evidence" of transfer of Public prosecutor and multiply a series of questions,the prominent performance is the main problems of transfer of pre-trial and after-trial.This article is divided into three parts.The third part is meant to explore the perfect way of indictment in our country.First of all,I make introduction and assessment about the three main reform options of the indictment in the academic community,and on this basis I think of a practical way of indictment in line with our country.The scholars put forward three options about the reform of indictment,that is the implementation of a complaint,return to full-volume transfer and maintain the status quo.At present,the mainstream of academic opinion is to choose the implementation of a complaint,learning from the way of indictment of parties.However,one complaint is not with our country's legal culture,legal system,legal environment,in contrast,the return and transfer the entire volume is a more ideal choice suitable to the actual situation,as a result,the author suggest that our country should establish the full-volume transfer,based on its value and system practice.Moreover,prosecution rather than as a way to exist isolate,and its role must rely on the construction of supporting facilities related.These supporting systems related including:First, setting pre-trial procedures;Second,innovative pre-trial review procedures,and implementate pre-trial review;Third,establish Reasoning mechanism;Fourth,The court must adhere to the principle of neutrality and strict rules of evidence.