On The Logical Relations Of Investigation,Prosecution And Trial In China’s Criminal Procedure

The core of the logic of the logical relationship between investigation, prosecution and trial under the"trial center doctrine" is"trial center doctrine", besides, some constitution and criminal procedure law principles maybe become the adjustment logics. For example, the principle of individual responsibility and mutual coordination and supervision, the principle of procuratorial superision, and so on. When these constitution and criminal procedure law principles meet the logic of trial center doctrine", they face with major theoretical challenges, which affect the sollen state of the relations of investigation, prosecution and trial.Implementing "trial center doctrine" will not only contribute to that the judicial tend to be more fair, and prompt criminal justice return to rational, but also help for respecting and safeguarding human rights, which requires series requirements, for example, governing investigation, improving the quality of examination and prosecution, carrying out "taking trial as the center", enhancing the defense force, and so on.As required by the "trial center doctrine", the sollen individual responsibility relations of investigation, prosecution and trial ought to be present the decentralization division model essentially, at the same time, procuratorial supervision should be moderate, to avoid damaging the normal pattern of separation of powers. On the basis of the separation of powers, "trial center doctrine" demands that trial should play a decisive role during conviction and penal discretion, investigation and prosecution are trial’s precondition and preparation, they should face trial, serve for trial. So investigation cooperates prosecution and prosecution cooperates trial, investigation and prosecution ought to be based on standard of judgment for themselves for committing to substantial judgment together. At the same time, the sollen coordination relations of investigation, prosecution and trial ought to be limited to procedures, shall not be extended to entities field, which for avoiding that substantive coorperation maybe bring the problems of formal reviewing. Because of "trial center doctrine" ask for substantive examination should happened in trial stage, trial has substantive examination supervision on investigation and prosecution, and, can deny investigation results and prosecution, which don’t meet the conviction and penal discretion standards. Under the pressure of "trial center doctrine", in order to ensuring the quality of prosecution, prosecution must strengthen the enamination supervision to investigation certainly. So the sollen mutual relations of investigation, prosecution and trial under "trial center doctrine" should have the meaning of a reverse supervision, which present that "trial restricts prosecution, prosecution restricts investigation", and this reverse supervision is comprehensive, because the trial review prosecution and prosecution review investigation not only include process problem, but also include entity.In practice, because of "trial center doctrine", the reality relations of investigation, prosecution and trial is far shorter than theoretical assumption state, and has serious deviation from the requirements of "trial center doctrine" theory. Due to some factors, which is difficult to achieve material individual responsibility relationship, then present a nominal individual responsibility relationship most, for example the procuratorial supervision, joint case, "taking investigation as the center", and so on. Influenced by "investigation center doctrine", investigative organization ask subsequent procedure to tolerate investigation entity and procedure defect or error,and to comprehensive inherit case virtually by it’s center position. Yet, it’s hard for prosecution and trial to keep its independence when facing strong investigation, and only coorperat investigation to finish fight crime goal. So forward procedure coorperation between investigation, prosecution and trial required by "trial center doctrine" has been distorted in reality, coorperation status declined, and coorperation power insufficient seriously. Similarly, influenced by "investigation center doctrine", it is hard for prosecution organ and the judicial organ to deny investigation conclusion, which result in prosecution and trial subject to investigation conclusion, even investigation had procedure illegal or detection error. So the reverse comprehensive supervision relations of investigation, prosecution and trial required by"trial center doctrine" has been present deformity in reality, supervision status degradated, and, supervision power insufficient seriously.Facing the reality relations of investigation, prosecution and trial, it’s important to make it returning to rational in reform of "trial center doctrine" litigation system. First, establishing the sollen relations of investigation, prosecution and trial legislation, which contributes to constructing the sollen relations of investigation, prosecution and trial in the legislation between public security, the procuratorate and courts. And governing investigation, prosecution and trial functions performed rationally, resetting relations of investigation, prosecution and tria, and allocating judicial power rationally, to which ensure that criminal procedure advanced rationally and efficiently. Second, reforming the system of criminal file, and giving defense the restricts right, strengthening defense position. Third, promoting "taking trial as the center" to ensure material trial. Finally, improving judicial responsibility system, which can forbid any breaking the sollen relationship of investigation, prosecute and trial behavior in criminal procedure, using responsibility to perform duty, building the prevention mechanism, ensuring that the criminal litigation activities can accordance with the sollen relations of investigation, prosecution and trial the trial forwarding strictly.