Procuratorial Function Research In The Background Of The Trial Centralism

The fourth plenary session of the eighteenth central committee of the CPC clearly put forward:advancing litigation system reforms of the trial centralism.It show clearly direction to improve litigation system,improve the chaos of Miscarriage of Justice which frequently crops up because of the investigation centralism and guarantee Judicial Justice.Meanwhile it puts forward the requirement of deeply research and discussion about the trial centralism problem to the legal academic and practical fields.However,there is a controversial issue in Chinese legal profession about the understanding of the trial centralism.But the writer thinks that the connotation of the trial centralism is emphasized every factor of trial and its concepts,principles,methods should become the "soul" of judicial proceedings,which carry out the whole proceedings.Putting forward the litigation system of the trial centralism is aiming at the judicial present situation of the investigation centralism in criminal judicial practice,for further adjusting the relationship between three parties of the public security organs,procuratorial organs and people's courts,it does not negate the three parties's relationship of Dividing Responsibilities,Coordinating Efforts and Checking.Procuratorate as the focal point of reform,that is affected significantly and profoundly by the putting forward the concept of the trial centralism.Although the work of the procuratorate faces new pressures and challenges,it is also a rare opportuneity to improve the quality of procuratorial work.Therefore,this article starts with the plight of our Procuratorate under the background of trial centralism,through a comparative observation of procuratorial functions at home and abroad,combined with the impact of the trial centralism system,it is divided into five chapters to make a superficial analysis of the reform of procuratorial functions.The first chapter is abou the basic theory and connotation of the trial centralism ideals.Firstly,this paper analyzes the basic concept and connotation of the trial centralism,then,through the comparison with relevant concepts,the connotation of trial centralism is further analyzed.The second chapter is about the comparative analysis of procuratorial functions in the Two Legal Systems.The purpose of this chapter is that Through the comprehensive comparison of the procuratorial functions of common law countries and civil law countries,it provides reference for the drawing on foreign advanced experience of procuratorial function reform which under the background of trial centralism in the following chapters.The third chapter is about the impact of the litigation system reforms of the trial centralism on procuratorate.This chapter depth analyzes the impact of the reform on procuratorial functions from the respect that the change of the relation of public security organs,procuratorial organs and people's courts,the limitation of the discretion of prosecution,the passivity of the Illegal Evidence Exclusive and the urgency of improving the rate of witness appearing in court.The fourth chapter states the litigation concept,the system perfection,the team reform,the function allocation,analyzes the dilemma of implementing litigation system reforms of the trial centralismby procuratorate,by recognizing the current procuratorial dilemma,difficulties confronted in the reform,in order to take targeted measure,scientific deepening of the reform process.The fifth chapter discusses that how to reform and innovate the procuratorial function around the requirements of the litigation system reforms of the trial centralism.This chapter discusses that how to solve the dilemma of procuratorate from the transformation of the ideological concept,the allocation of functions,the improvement of the working model,and the improvement of the system.In order to carry out trial centralism,push forward the procuratorial function reform and innovation steadily and make full use of procuratorial power extent.