A Study Of The Relationship Between Investigation Power And Accusation Power In The Trial Centered View

The Relationship of investigation power and accusation power is a couple of basic relation in criminal procedure law. Both the continental law system and the Anglo-American law system focus the relationship. Theoretically,the harmonious relationship is not only conducive to shaping the structure of litigation, but also to ensure the realization of the purpose of litigation. Our party put forward to the reform of the litigation system of trial centralism in the 4th session of 18th CPC central committee. In this case, it is of great significance to improve the quality, efficiency and credibility of the judicial system.This paper is divided into four parts:In the first part, the author expounds the concept and characteristics of the trial as the center,and analyzes the theoretical and practical significance of the reform of the system of trial centered litigation to the criminal procedure system of our country and the influence on the relationship between the prosecution and the accused.In the second part, the Britain and the United States as the representative of the Anglo American law system of litigation mode of separation, to Germany and France as the representative of the continental law system and the integration of investigation and prosecution mode in Japan and South Korea on behalf of the mixed mode of litigation.Based on the comparison and analysis of the three types of investigation, the author points out the significance of the three modes of investigation in china.In the third part: Stared from the present situation, the relationship between investigation and litigation in our country, points out the present stage of our country criminal investigation and prosecution stage relations are separate, lacking the cooperation, the police seized control of litigation, two-way investigation supervision lag and other issues.In the fourth part: Based on the reality of our country, actively learn from the useful experience of foreign countries, in view of the problems existing in our country's investigation and prosecution, put forward the specific measures to improve the relationship between China and japan. It includes: standardize the function of investigation and prosecution, establish the system of public prosecution to guide the investigation, strengthen the supervision of investigation.