Research On The Reform Of Investigation Mode Under The Background Of Trial As The Center

It is always a long time for criminal proceedings in China to treat entities more important than procedures.The goal of punishing crimes is always higher than that of protecting human rights.In the practice of criminal justice in our country,the influence of the traditional centralism that treat criminal investigation and dossier as the center is very far-reaching,and the trend of formalization of trial and defense has become quite obvious.The shortcomings of the traditional criminal procedure mode are gradually revealed.With the reform of the basic national policy of governing the country according to law and the deepening awareness of the protection of human rights,the trial-centered reform of the criminal procedure system is imperative,The Fourth Plenary Session of th-e Eighteenth Central Committee of the Party adopted the Decision of the Central Committee of the Communist Party of China on Several Important Issues fo Governing The Country By Law,clearly put forward to promote the reform to treat trial as the center of the criminal procedure system,to ensure that the investigation,review the prosecution of the facts of the evidence can withstand the test of the law.This important proposition is an important measure to enhance the credibility of the judiciary,strict justice and safeguard human rights,but also another step forward of the construction of the socialist rule of law system with Chinese characteristics.The investigation is the initial stage of criminal proceedings in China,and it is also the initiation action of a criminal proceedings.It is self-evident that the investigation activities are driven and run through the whole process of criminal proceedings.How to scientifically understand the current investigation mode of our country,how to clarify the relationship between investigation,prosecution and trial,how to clarify the relationship between prosecution,defense and trial,the settlement of these problems is the basis and premise of the reform of the investigation mode under the background of the trial,and also the major subject that it needs to face.This article intends to take investigation,prosecution and trial functions as the main object,which were fulfilled by the public security,procuratorate and the court,to make a full interpretationhe of the background of the reform of the litigation system centered on the trial and the connotation of the investigation mode.By comparing the structure of criminal litigation and investigation at home and abroad,drawing on the strengths of foreign criminal procedure system,on the basis of an objective analysis of the problems and shortcomings of the current investigation mode in our country,hoping to put forward the effective and feasible way and method of improving the investigation mode in our country under the background of trial.This article will be discussed from the following aspects:First,The background of the reform of the investigation mode centered on the trial.This part mainly analyzes the concept of criminal procedure and constructs,the development and the present situation,and analyzes the realistic background of the reform of the investigation mode both at home and abroad,Combined with our country's actual situation,and provides the theoretical basis for the later chapters.Second,the current situation of China 's investigation mode analysis.This part mainly expounds the current situation and the problem of our investigation mode,and explains the necessity and urgency of reform.Third,the imagination and optimization of the reform of our investigation mode.On the basis of the previous two main chapters,the author puts forward the methods and countermeasures to improve our investigation mode,and tries to provide a scientific direction for the reform in reality.