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A Study On The Relationship Between Investigation And Public Prosecution In China Under The Vision Of "Trial As The Center"

Posted on:2018-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:X H NiuFull Text:PDF
GTID:2346330536478507Subject:Law
Abstract/Summary:PDF Full Text Request
The relationship between Investigation and Public prosecution isn't which between the right of prosecution and the right of investigation or which between the investigating organs and the procuratorial organs under the system.It is a general investigation of the relationship between the two functions of the concept.It is particularly important in criminal proceedings,especially in pre-trial proceedings.The relationship between investigation and lawsuit patterns affect the efficiency of a country's entire pre-trial proceedings.And pre-trial efficiency is an important part of the entire criminal proceedings.Therefore,the relationship between the two legal systems will be put in a complaint investigation and important position.Continue to study it.In the world environment,the changing relationship between investigation and lawsuit pattern of two legal systems.From the "combination of prosecution" and "separation of investigation and prosecution" two completely different models to the trend of convergence today.Are trying to find the perfect balance of the relationship between the investigation.In order to improve the efficiency of criminal procedure,to achieve the ultimate goal of litigation purposes.And China,now is an important period of transition.The continuous development of the rule of law makes judicial reform imminent.The Fourth Plenary Session of the 18 th National Congress put forward the requirements of the reform of the litigation system and played the slogan "Judgment as the Center".This is for our country at this stage of criminal proceedings,the injustice wrong case endless,torture forced by more than a judicial chaos and other drugs.It fundamentally negates the investigation of centralism.From the root cause of the "trial as the center" of this new idea.Under this background,China's investigation and prosecution relations must be adjusted to meet the current pace of judicial reform.So the "trial-centric" concept of the relationship between investigation and lawsuit which will bring our influence.In the "trial as the center" under the background of China's investigation and relationship to how to make changes to adapt to this new requirements are to solve this problem.In addition to the introduction,the theme of this paper is divided into four parts,each part of the specific content is as follows:The first chapter is a summary of the relationship between investigation.Through the elaboration of the concept of the relationship between the investigation and the analysis of the relevant concepts,the relationship between the clear investigation of the relationship.On this basis,the analysis and summary of the relationship between the model.Explore the reform of the relationship between the two laws in the judicial system.The second chapter is theinvestigation of our relationship.Through the introduction of the status quo of China's investigation and prosecution relationship,summed up the relationship between China's investigation and prosecution problems.The third chapter is the "trial as the center" under the impact of the relationship between China's investigation.The first is a "trial-centric" overview.The solution is "to the trial center" what is it.What is its content? What is the impact on the current situation of the relationship between the current investigation and prosecution,what kind of impact will be produced.The fourth chapter is based on the "trial as the center" requirements to improve the relationship between China's investigation.There are prosecution guidance investigation mode.Introduction to the definition of this model.As well as how to set up in practice.
Keywords/Search Tags:The Relationship between Investigation and Public prosecution, Trial as the center, Proving, Procuratorial guidance investigation
PDF Full Text Request
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