A Study Of The Guarantee Mechanisms Of Prosecutors' Performance Of Burden Of Proof

Whether the prosecutor can comprehensively and fully perform the burden of proof has an important role in preventing the miscarriage of justice,safeguarding the rights of the defendant and realizing justice.Prosecutors undertake the burden of proof of the public prosecution case legally instituted by people's procuratorate,which must achieve clear facts and sufficient evidence.The prosecutor to take the burden of proof is restricted to the investigation and evidence collection in the pre-trial.As firstly,it relies on whether the investigation authorities comprehensively and legally collect evidence.Secondly,practical effects of the exclusionary rule of illegal evidence and investigators testify system are not satisfying.In addition,the prosecutor lack preparation in the pre-trial and response capacity when witnesses and appraisers testify in court,all of which have led to the prosecutor have trouble in performing the burden of proof.The reform of the litigation system centered on the trial has made the prosecutor face more challenges and put forward higher demands on the prosecutor to fulfill the burden of proof.Therefore,improving the guarantee mechanism of prosecutors' performing of the burden of proof and solving their plights in the trial are significant for prosecutors to fully and effectively perform the burden of proof and finally adapt to the new requirement of the litigation system centered on the trial.In addition to the introduction,the text is divided into four parts,about 26000 words.The first part is the challenge of "trial-centered" litigation system reform to the prosecutor's burden of proof.Through the analysis of the basic connotation of the trial-centered litigation system reform,it summarizes the challenge that the prosecutor will fulfill the burden of proof in the new litigation mode.First,it needs more stringent requirements of review and use of the evidence.As the "trial-centered" litigation system ask the judge to abide by the principle of the evidence,and the evidence must withstand the test of the court,then which can be used as a basis for conviction and sentencing.So the prosecutor must be required to ensure each evidence is legal and authentic.Second,it needs more stringent requirements of the standard of proof for the prosecution.The supreme people's procuratorate said the review of the prosecution stage should restraint by the standard of conviction and sentencing in the trial.So the prosecutor should collect evidence and fix prosecution evidence system strictly according to real and sufficient proving standard that it can reach to the point of beyond a reasonable doubt.Third,it needs higher capacity of testification and interrogation.The trial-centered litigation system emphasizes substantive trail so that testification and interrogation are no longer formalized and simplified and the prosecutor must continuously improve their capacities of testification and interrogation to cope with all kinds of emergency in the trail.The second part is the plight of the prosecutor to fulfill the burden of proof.This part mainly elaborates the dilemma faced by the prosecutor from the three aspects of the burden of proof,including the plight of collecting evidence,the plight of the burden of proof and the plight of the cross.At the certification stage,because the prosecutor does not directly implement the investigation and evidence collection activities,which makes it suffer great constraints by the pre-court investigative authorities(departments).Therefore,it is difficult to ensure that the evidence obtained by the investigation and evidence collection phase meet the requirements of public prosecution.In the stage of proof,the prosecutor is mainly faced with the following difficulties: over-reliance on pre-trial evidence,lacking flexibility of trial;habit of one-sided evidence,written evidence,the difficulty of accusing of crime;bearing the burden of proof in evidential legality;lacking of proof in correlation between the evidence and the increasing risk of unjust case.At the interrogation stage,because of lacking of investigators' testification in the trial and prosecutors' coping capacity,such as lacking capacities in coping with witness' and appraisers' testification,which make them have trouble in cross-examination and have bad effect on their favorable and effective charge.The third part is the reason why the prosecutor faces the plight of the burden of proof.Through the analysis of the predicament of the upper part,it is pointed out that the causes leading to these dilemmas are mainly caused by the following aspects.First,the current relationship between the prosecutor and police led to the prosecutor can't effectively guide and supervise the collection of evidence.Second,exclusionary rule of illegally obtained evidence is not running well and the prosecutor's burden of proof is performing poorly.Third,the law of the investigators to testify in court is not complete.Fourth,the prosecutor's preparation in pre-trail is poor.Fifth,the prosecutor lacks professional training,practical experience in trail-centered litigation system and techniques of cross-examination.The fourth part aims to improve the guarantee mechanism of prosecutors' fulfillment of the burden of proof.In view of the above reasons leading to the plaintiff to fulfill the burden of proof of,combined with the challenge to the prosecutor,which is raised by the trial-centered litigation system,this part will offer some proposal in several aspects to improve the guarantee mechanism of prosecutors' fulfillment of the burden of proof.The first step is optimizing the existing relation between police and prosecutors and enhancing the guidance and supervision of investigation.Second,we should improve the operating mechanism about the exclusion of illegal evidence,speed up the prosecutor's concept of change,and avoid a series of problems that the illegal evidence brings to prosecutors when they fulfill the burden of proof.In addition,improving investigators testify in court system is important for prosecutors to avoid helplessness when fulfilling the burden of proof and to successfully prosecute the crime.Finally,the prosecutor should pay attention to pre-court preparation and improve their abilities and qualities.