Research On The Function Orientation Of The Procuratorial Organ In The Criminal Procedure System Of The "Trial Centralism"

Throughout the world, there is not a specific concept called "Trial Centralism" in any country of the two legal systems, the reason lies in the judicial practice of all countries regarding the trial procedure as the core part naturally. To ensure the trial procedure as the core of all the criminal procedures, both of the two legal systems authorize some special powers to the procuratorial organs, such as the discretion of not prosecuting, the power of directing the investigative organs in collecting evidence, the power of exclusion of illegally obtained evidence, etc.. Also it is through the specific design of the system, to fully guarantee the procuratorial organ to exercise its functions and powers in a neutral and independent way.The current judicial dilemmas of China exist as "Investigative Centralism", "Dossier Examining Centralism", the integration of the procedures of investigation, litigation and trial, the deficiencies in the prosecution system, and the inadequacy of the protecting measures of procuratorial organ for which to fully displays its functional role, and so on. All of which contribute to the failure of the procuratorial organ in exercising its functions. To promote the "Trial Centralism",it is for sure that one of the most important reforming aspects is pulling the key point back from the procedure of investigation to the trial stage. In this reformation, the procuratorial organ should play a leading role in the new pattern of "the Prosecution",and judicial dominance of the procuratorial organ in commanding investigation work will become an inevitable trend. Further more, the procuratorial organ must give full play to the positive role in the procedure before trial, and constantly improve its ability in exercising the prosecution power.