On Principle Of Dividing Responsibilities, Coordinating Efforts And Checking Each Other In The View Of Trial-centeredness

Dividing responsibilities, coordinating efforts and checking each other is the principle to adjust the relations among the three departments. The principle is not very identifiable theoretically. The regulations about cooperate and mutual restrict are not very clear which results in the principle of cooperating with each other becomes the dominating principle dealing with the relations among the three organs. The three organs usually cooperate too much and do not restrict enough. As a matter of fact legal procedure becomes formal. Investigating procedure is not restricted effectively which dissimilates the relation between the people’s court and people’s procuratorate in criminal procedure resulting in many unjust false erroneous cases. There is a clear statement in the "the decision of CPC Central Committee on comprehensively promoting the rule of law" passed in the eighteen session of the fourth plenary session that the allocation of judicial authority shall be optimized and promote the reform of litigation system centered on trial. Under the guidance of the concept of trial central, it seems very important to revalue the principle of cooperating with each other. To be specific, on the macro level it is important to correct the existing circumstances of investigation as the center and materialize the trail procedure, optimize the relations of the three organs. On the micro level, it is important to implement the principle of direct speech and improve the system of witness appearing in the court and exclusion of the illegal evidence and materialize the court’s supervision over investigation procedure.