Study On Procuratorial Function Work Under The Trial-Centered View

Carrying forward trial-centered lawsuit system reform is currently a hot issue in domestic criminal lawsuit domain. Trial-centered is the necessary requirement of following lawsuit rules and judicial rules, but also an important measurement to promote judicial fairness, improve judicial credibility, and prevent false and erroneous cases. In judicial practice, there exist a lot of problems ill-adapted to trial-centered lawsuit system in three public security organs. It is necessary to rationalize investigation-lawsuit and lawsuit-trial relations to carry forward the trial-centered lawsuit system reform. As procuratorial organ is in the intermediate of criminal lawsuit, the reform will inevitably bring huge impact on the adjustment of procuratorial function work. The author has thought much due to experiencing the schedule and difficulties of the reform, so that study the adjustment of trial-centered lawsuit system reform on procuratorial organ's three function work: duty-related criminal investigation, investigation supervision and public prosecution, for the purpose of making contribution for promoting trial-centered lawsuit system reform.The article is divided into three parts:introduction, main body and conclusion. Main body includes three sections.The first section of the main body is the introduction of trial-centered lawsuit system. Firstly, the author has clearly explained the concept of trial-centered lawsuit system and profoundly elaborated its connotation from three aspects:trial-centered is the change of original lawsuit mode, with the objective of realizing the substantiation of court trial, and the comprehensive implementation of evidence and adjudication rules. Secondly targeted at the mistaken ideas in theoretical cycle, the author gave reasoning and analysis respectively on differences between trial-centered and court-centered, western centralism of judgment, case distribution, and evidence standard.The second section of the main body is the respective illustration on the adjustment and requirement of trial-centered for investigation-lawsuit and lawsuit-trial relations. For the influence of investigation-lawsuit relation, the author firsty analyzed the present situation of investigation-lawsuit relation and problems existed, and then explained three demands of trial-centered for investigation-lawsuit relation, including:require to rebuild procuratorate-police relation under criminal charge system, to improve effective regulations of court trial on investigation activities, and to strengthen the acquirement of evidence standard during investigation period. For the influence of lawsuit-trial relation, the author also firstly analyzed present situation of lawsuit-trial relation and problems existed, and then analyzed the requirement of trial-centered for lawsuit-trial relation from three aspects:require to strengthen public prosecution to guarantee the substantiation of court trial, to guarantee functions of pretrial conference for realization, and to strengthen antagonism during the process of court trial.The third section of the main body introduces the transformation and response of procuratorial function under trial-centered view. The author respectively selected three types of procuratorial function work to make argumentation and analysis. The first one is the discussion based duty-related criminal investigation work. The author analyzed from two aspects:making structural adjustment of duty-related criminal investigation mode and using information means to improve investigation ability and level. Then for the information means, the author proposed two realization approaches:broaden investigation information channel and using information means as auxiliary interrogation methods. Second is the discussion based on investigation and supervision work. Targeted at the work mode when implementing investigation supervision work, the author proposed two opinions:the thinking model of exploring and establishing progressive investigation, and exploring lawsuit type investigation and case-handling mechanism. The third one is the discussion based on public prosecution. The author makes in-depth argumentation and analysis from five aspects:intensify the leading function of pre-litigation, explore effective methods to improve lawsuit efficiency, fully develop case filtration function of public prosecution, establish equal accuse-defense mode, and improve utilization rate of science and technology in investigation and lawsuit.