Research On The Innovation Of Criminal Procuratorial Work Mechanism Under The Background Of The Reform Of Litigation System Centered On Trial

In the fourth Plenary Session of the 18 th CPC Central Committee,the Communist Party of China put forward the goal of promoting the reform of litigation system centered on trial.As a result,the policy design of the reform of the system of trial-centered litigation has been established at the macro level,which reflects the inherent requirements of the criminal justice law and points out the direction of the reform of the criminal procedure system.In recent years,the miscarriages of justice have been frequently exposed,which makes CPC Central committee decides to promote the reform of litigation system centered on trial.For a long time,"Investigation Centered" mode of action has been formed in the field of criminal justice.In order to get the detection rate and other "achievements",illegal means of investigation are staged continuously,resulting in cases of "sick" prosecution and trial.Both the theoretical circle and the practical circle of criminal justice are eager and calling for the reform of criminal procedure system.Therefore,to promote the trial-centered litigation system reform is welcomed.In the three steps of criminal procedure,the Procuratorial organ undertakes the prosecution,accused of a crime,judicial supervision and other important functions.The reform has far-reaching impact on the criminal procuratorial work,is not only a great opportunity,there are many challenges.This paper starts with the background and significance of the reform of the system of trial-centered litigation,and summarizes the basic connotation,the theoretical research and judicial practice at home and abroad.Based on the analysis of the background of litigation system reform,the author has summarized the concept of “trial-centered”,the domestic and foreign theoretical research and judicial practice,and pointed out the problems just as Judicial ideas need to update,the relationship of investigation,arrest and prosecution in the pretrial procedure is dislocating,evidence review model has defects and so on in current criminal procuratorial work.At the end,in view of the existing problems and deficiencies,the author focuses on the perspective of the innovation of the criminal prosecution mechanism,and puts forward five kinds of measures to deal with the reform of the litigation system.These measures include: setting up the modern concept of criminal justice,to improve the working mechanism to deal with the essence of the trial,taking prosecution as the leading factor in pre-litigation,perfecting the criminal prosecution supervision mechanism,correctly handle the relationship between the prosecution and litigation,which covers the criminal proceeding of trial factors of triangle structure.The author has made a comprehensive analysis of the innovation mechanism of criminal procuratorial work from theory to practice.It is expected to provide reference for the reform of litigation system which is currently being carried out in the trial.