On The Relationship Of The Accusation And Trial Of Criminal Proceedings

The relationship between prosecution and trial (short as RPT) is an important part of the criminal action structure and the supporting system of the criminal action system Jn this essay, the author mainly reseaches the theory of the system of the criminal relationship between prosecution and trial(short as CRPT) and primarily puts forward some constructive suggestions on the recent reform of CRPT in China by inspecting comparative law and examing the CRPT in China.This essay is about 43000 words, consisting of three parts.The first part is about the theory of CRPT. Firstly, the author preliminarily summarizes the basic functions of the criminiral procedure and expounds the content and relationship of the procecuted function and the judical function. Upon the theory, the author comprehensively decribes the definition,nature,character,content and proceduralvalidity of the public prosecution conduct and judical conduct, also emphasizes the hidden basic theory in the pattern between prosecution and trial. The author mainly prescribes CRPT from the angle of prosecutional economic profit, congnitive psychology,justice of proceeding and protection of human rights.The second part is an analysis and evaluation of the rent main foreign pattern between prosecution and trial .By comparing the variety of the prosecution and trial patterns, the author points out their advantages and disadvantages and give a reference to the reform of RPT in our country.The author believes that we connot valuate a certain patten between prosecution and trial without the background of a country's spacific history and custom. A theoritical good pattern may not put into practice in a extremely backward country in economy and culture.On the contrary,it will priduct a great negative effect.In this way,we must consider the practical situation of our country and introdure some useful technical regulation.The third part completely summarizes and discuss the public prosecution system and the trial system in our country. The author agrees to the aspect of its practical value, while severely analyze the defect which unfit problem existing in the RPT of our country, further invest the real evidence.About the reform ofRPT .This essay expounds it from three aspects. Firstly, the author puts forward the starting point of the reformof CRPT, holding that we should take the traditional prosecuting culture and practical judicial environment as the basis. Secondly, the author points out the aim of the reform on CRPT and thinks that our CRPT must comply with the standard which has been admitted by most of the countries in the world .Finally, after the previous discussion in detail, the author puts forth the concrte ideas. He thinks, in order to perfect the system of CRPT in our country we should put the procedural status of court prosecutor and court trial into the correct position,we should establish professional inquiry court and pre-trial preparation proceedings. Inside the court,we should strictly restrain the judge's investigative power out of court and we should found reasonable system of public prosecutional modification and accusational diversity, etc.