The Relation Of Investigation Power And Accusation Power On The Perspective Of Judgment Centralism

On October 2014, Eighteen Fourth Plenary Session adopted the "CPC Central Committee on Promoting a number of rules of important law issues"( Referred to as the "Decision" hereinafter)’Decision’ " proposed to " propel reform of litigation system centralized on the trial clearly.It means the "Centralism Judgment Theory" will be an important theoretical basis guiding the reform of the criminal justice system.At the same time the reform itself will have a significant and far-reaching impact on China’s current criminal procedure structure standardized development process."The Trial centrism" is the important theoretical pillar of the mature Western countries which is ruled by law and pursuing the trial supremacy proceedings mode. It requires criminal proceedings carried out activities around the trial, investigation,prosecution and other pre-trial procedures should be prepared as a pre-trial proceedings of the program.Compared to "Investigation centrism" litigation model,the Justice Center theory fits the core meaning of judicial activity more and reflects the proceedings ought to conduct.The "Centralism Judgment Theory" is an important achievement in the development process of litigation system in terms of the development of civilized litigation.It is also an important theoretical basis of prompting the trial and lawsuit integration procedure structure to the V trial separation triangular architectural patterns.And it plays an important role in the promotion of the judicial democracy land protection of human rights.But Centralism Judgment theory was originally a legal ideology which is producing in the historical background of Western bourgeois Enlightenment thinkers advocated anti-feudal,which is adapting to a Western separation of powers political system-specific and constructing a independence of the judiciary system under the premise of the legislative, judicial, and executive power provided.Our political system is different from the Western countries, the judicial system constructed by the impact of the Soviet system to a large extent and belonging to inquisitorial lawsuit architecture totally.China’s reform of the judicial process absorbed Western countries experience, especially the successful experience of a national system of the common law,based on the current judicial system reform development trend uphold learn from each other, mutual integration in the two legal systems.The supremacy trial mode owned by trial centrism has become the important judicial reform experience in our current reform.But taking into account China’s current criminal justice system is framed by the national constitutional system,there are significant differences between "Justice is supreme" lawsuit mode under the system of separation of powers structure of the Western.From the rationality and feasibility of the system reference,we can not transplanted " judge supremacy" system mode directly.So it is an important way absorbing centralism judgment theory which is the core of the trial centrism under the current reform background.In our traditional "Investigation centrism" background, and even public prosecution and trial centered on the investigation.Running of the criminal proceedings relies heavily on transcripts formed in the investigation stage.Non-confrontational mode of investigation stage ensures the charge sufficiently efficient. But the weight functions accuse function caused the weak of defense.In practice,investigation power abused results in the phenomenon of malfeasance.We hope to build a new relationship between investigation and prosecution to strengthen calls for reform about the necessary supervision, control and guidance strong investigative functions in judicial circles and procedure academia.To a series of problems at this stage of the criminal justice practice,it can be said that theproposing "trial centered on the implementation of the reform-related litigation system" will advance systematic reform step of the criminal justice system to a large extent.As is also timely.In the foreseeable future, reforming this system can make the existing structure of the proceedings reflect more reasonable functional relationship,including the pre-trial phase and the trial phase functions functional relationships, particularly be benign to the relationship at front-trial stage between the investigation and procuratorial work.But the current structure of our lawsuit is still a biased investigation and charge functions mode.We emphasize the function of judicial functions throughout the proceedings, although in theory there is no fundamental obstacle,but we must interpret the mechanism of the reasonable allocation all the in the flow structure correctly.Therefore, this paper focuses on the view of the rational allocation of functions of litigation, and elaborates the importance of centralism judgment concept to build the new relationship between investigation and procuratorial work.This paper uses the theoretical analytic method and comparative study,analysis combining criminal policy,from the basic principles of criminal procedure functions assigned to discuss the influence of building a new relationship between investigation and procuratorial work on the basis of trial centers.The paper is divided into five chapters to discuss:The first chapter is about the basic theory of the trial centrism.It elaborates the basic connotation and the features of ‘ Centralism judgment ’ and its similar concepts.At the same time,study the Justice Center Theory- the essence of the trial of the main content, principle of direct language of soul and spirit, the core architecture of the trial, justice theory marginal effect of further maximizing the trial theory.Then distinguish the first chapter of the special nature of the trial center and the center of the trial program to characterize the theory further.The second chapter demonstrates the positioning of Prosecution and Trial central idea of the value of the relationship.The first supported this idea,form there aspects,trial from the center of doctrine, structure theory and litigation due process.Then it demonstrates the center and the trial both the prosecution and the associated logical relationship between the trial and the trial centers prosecution and functions and the rule of law and procedures to support the concept of the necessity and value of the target further.The third chapter discusses the current situation of our relationship between investigation and charge.The chapter analysis of the legal and practical situation of China origin relationship between investigation and charge in depth, and lists a series of issues in the development relation.The author quotes the case of Nian Bin which had caused a significant impact in our criminal justice community,to take the example to analysis our current relationship between investigation and charge under flow mode.Then the author note that the reason for this dilemma is the functional defects of the criminal proceedings in the flow pattern and the weak of the suitable lawsuit awareness of the staff in pre-trial phase,finally it demonstrated the necessity of positioning relationship investigation and charge with center trial theory by comparing.In the Chapter IV,by comparing our model of investigation and procuratorial work to extraterritorial, we find the differences between China and the outside.So we think the cause and issues about our investigation and procuratorial work. By comparison, our relationship between investigation and prosecution does not adapt to new requirements of the trial, does not have the pre-trial proceedings of litigation.More importantly the trial centers on the implementation of the concept of blocks the emergence of the phenomenon. Thus further illustrates the truth the reforming and improving of the relationship between the investigation and prosecution should be placed in the center of the trial.The fifth chapter chose the reforming path of the relationship between investigation and charge under trial center theory and also build relevant concrete system.Based on hysteresis situation that judicial function restricting the functions of investigation and charge,the author believes that the transformation about traditional process mode is imperative.However,under the trial centered mode,what kind ofrelationship between the investigation and charge should be built,both to reflect the core of trial centered concept but also in line with China’s actual conditions required.It requires combing the current functional relationship of the lawsuit further.By discussing our current mode,the integration mode,the split mode and other modes,it pointed out that the current relationship of procuratorial work guiding investigation mode of implementation can both positive response the justice center concept,but also make the two functions of investigating and prosecuting a positive interaction, so that form a reasonable constraint to the investigative functions.Section II discusses the basis of the text on the front of the plastic stand trial and the specific system under the central idea sight of a new model of relationship between the Investigation and Procuratorial Work the appropriate arrangements for design, under guidance from the theory and the concept of prosecutorial Justice Center in this section Construction of two concrete system to guide the investigation put forward concrete ideas.Section II proposes the appropriate designed arrangements for establishing the new relationship pattern and specific system in the central trail background.It puts forwards specific ideas from two aspects,the guidance theory and the concrete system construction about procuratorial work guiding investigation under justice center background.