Perfection Of Investigation Procedure Under Thebackground Of “Trial Centered”

The fourth plenary session of the 18 th Communist Part y of China(CPC)Central Committee provides litigation system reformation with the center of judgment.In February,The Supreme Court m akes a m ore specific regulation about how to pus h litigation system reformation with the cen ter of judgment in criminal procedure in Opinions about deepen The Supreme Court reformation fully:the fourth five-year reformation outlines.The presentation of regarding judgment as the center is to make sure of the position of judgment in the whole criminal procedure process and gets a new role in lawsuit practice of pol ice,procuratorate and court.It re strains investigation by im plement evidence-judging doctrine,especially as for frequently illegal evidence ph enomenon in interrogation stage,to regulate the interrogate behaviors by improving the requirements of oral confession,so as to prevent the appearance of extort confessions by torture phenomenon.This paper takes investigation and interrogation as the angle,on the basis of explaining the meaning and aim of the cente r of judgm ent,stating the requirements of crim inal procedure,points out there exis ts some problems in interrogation process in China,provides advice to perfect interrogation process by analyze the lawsuit function change of investigation and interrogation before and af ter the proposed of th e center of judgm ent,thus to achieve the original aim of litigation system reformation with the center of judgment,and investigation and interrogation will not be a gathering area for illegal evidence collection and this problem can be solved from the source.This paper has six parts,the f irst part states basic concepts and introduces how to pu t the judgment as the center and the m eaning,characteristics and connotation of investigation and interrogation,to explain basic problems about them.The sec ond and third part states the difficulty and reasons about investigation and interrogation in China,so as to know the key reason of interrogation process development.The fourth part states how investigative centralism model effect chancellor judge freely from the influence on judgment of transcripts,The fifth part states the influence on interrogations with the center of judgment,presents the inf luence on interrogation of judgment center by analyze the requirements of oral confession with the center of judgment and eviden ce collection judge rule,presents th e whole views of judge center influence by the change of defendant,chancellor and investigators.The sixth part provides some perfect measures combining the background of the center of judgm ent to m ake sure the interrogation part service judge better and deal with every cases fairly,let justice stays with us.