Research On The Relationship Between Investigation And Litigation In China

The relationship between investigation and prosecution is a very important basic relationship in criminal procedure,which is related to the smooth progress of criminal proceedings and the smooth realization of the purpose of criminal procedure."The division of responsibilities,mutual cooperation and mutual restraint" in the criminal procedure of our country public security relations an important principle.But in the long time practice,the implementation of the principle of a large deviation,to some extent,formed the investigation center situation,cause investigation link plays a decisive role in the proceedings,the trial stage of virtual home,the case becomes a mere formality,resulting in miscarriages of justice,justice,the party put forward in the fourth Plenary Session of the 18 th CPC Central Committee the trial is the center of the litigation system reform.This paper is divided into four parts.The first part introduces the scientific connotation of the trial centered litigation system,including the background of the reform and the five kinds of erroneous tendencies.The second part describes the trial centered litigation system reform on China's investigation and prosecution work and the relationship between the prosecution and the profound impact.The third part introduces the three types of investigation and litigation relationship,namely,the separation of investigation and prosecution,the integration of investigation and prosecution,and the mixture of investigation and prosecution,and selects typical representative countries to analyze and introduce them,and makes an objective evaluation of the three modes.The fourth part introduces the path choice of improving the relationship between investigation and litigation of our country,fully absorbed in the perfection of litigation theory based on practice,put forward the optimal path of Prosecution Guiding Investigation,theoretical basis,and to guide the investigation from prosecution subject,scope,time,mode,security and so on.