Research On Relationship Between Investigation And Litigation In The Context Of Taking The Trial As The Center

Relationship between investigation and litigation means the power disposition and the mutual relationship between the power subjects when a country is on investigation stage and review & prosecution stage. It is one of the core legal relations in criminal procedure, and directly influences the realization of the aim. Has been revised twice, the relationship between investigation and litigation can now present the basic requirements between investigation and litigation: division of individual responsibility, mutual cooperation, mutual restriction, it generally ensures the smooth operation of criminal procedure in China. It also should be noticed that the relationship still has room for scientific definition from the perspective of effectively ensuring justice and avoiding the occurrence of false and erroneous cases, especially the idea of taking trial as the center in order to promote the reform of criminal procedure system, which was raised in the 4th plenary session of 18 th CPC Central Committee, this idea indicates the direction for further improving and reconstructing relationship between investigation and litigation. Therefore, the related issues in this relationship need to be deeply studied on the basis of the guiding spirit of the 4th plenary session of 18 th CPC Central Committee.The thesis consists of three parts, part one gives a brief introduction of relationship between investigation and litigation. It points out the mutual relationship forms when the procuratorial organ and public security organ are exercising their official power. Meanwhile, it has a comparative analysis of foreign mode of investigation & litigation and the forming reason. Lastly, it explains the importance of constructing this relationship from its importance on both the realization of aim and the improvement of efficiency. Part one thoroughly studies the current situation and shortcoming of the present operation of relationship between investigation and litigation. On the basis of brief introduction to the development of the relationship, it investigates the principle and features of exercising official power by the public security organ and procuratorial organ. By further analyzing, it comes up with the shortcomings and issues of the relationship existed in legislation and practice. Part three lays great emphasize on the reconstruction of relationship between investigation and litigation in the context of taking trial as the center. By comparatively analyzing ideas like trial centralized, investigation centralized, court centralized and judge centralized, and it expounds the connotation of taking trial as the center and the importance of the trial-centered litigation system. In the author’s opinion, in the context of taking trial as the center, false and erroneous cases should be avoided to the greatest extent, the investigation centralism and archives centralism shall be overcame, the relationship between investigation and litigation, the key points of reforming on relationship between investigation and litigation are establish prosecution-guided investigation mechanism, strengthen the supervision on compulsory measures, set up evidence judging principle and respect the rights of lawyers.