The Reconstruction Of The Relation Between Investigation And Litigation In The Context Of A "Trial-centered" Litigation Reform

For a long term,in our judicial practice,due to too strong investigation power,it has caused the right of public prosecution and judicial authority remains in name but has no practical function.The right of public prosecution and judicial authority,more often,becomes the attachment to investigation power,thus it is hard to form supervision and restriction on investigation power.There is a possibility that the right might be abused once it is in absence of supervision and restriction,consequently,it is more likely for our legal system to have the danger of being trampled on.Over recent years,verdicts ruled on cases in which people were unjustly,falsely or wrongly charged or sentenced are reversed across the country.Undoubtedly,this has proved the harms brought by unsupervised and unrestricted investigation power.The lessons awaken people,so the party and the government comply with the aspirations of the people and propose a litigation system reform that is trial-centered.Trial-centered implies a reform of the old practice that is investigation-centered.Instead,we must use the standard of trial to measure the investigation and public prosecution activities.Under the background of trial-centered reform and on the basis of analyzing current relation between investigation and litigation,and introducing investigation and litigation modes in foreign countries,this paper is intended to find the problems that exist in the relation between investigation and litigation of the country,and put forward a feasible plan for the reconstruction of the relation between investigation and litigation by taking into account the requirements of trial-centered practice,which serves as a starting point to demonstrate what is possible.In Part 1 of this paper,the writer will focus on the meaning and nature of the relation between investigation and litigation,the distinction between relevant concepts,as well as the significance of the effective operation of the relation between investigation and litigation.The writer holds that we must clearly understand what the relation between investigation and litigation is and what connotation it has,and further on that basis,understands the value the effective operation of the relation between investigation and litigation has for the guarantee of human rights and the realization of justice in our judicial practice,with the expectation that the relation between investigation and litigation can be operated effectively.In Part 2 of this paper,the writer focuses on the history,status quo and existing problems of our relation between investigation and litigation.The relation betweeninvestigation and litigation does not exist as always,on the contrary,it started to develop at the end of the Qing Dynasty.Since it has a relatively short period of development,and has the varieties,including the combination of investigation and litigation and the separation of investigation and litigation.Since our existing relation between investigation and litigation is subject to the thought which is investigation centered,in operation,many problems can be found either in legislation or in judicial practice.The writer believes that only if we thoroughly understand the existing problems with respect to the relation between investigation and litigation,can we solve the abovementioned problems properly in the process of reconstructing the relation between investigation and litigation.In Part 3 of this paper,to discuss this issue,the writer will focus on the relation between investigation and litigation as being adopted by the foreign countries.The relation between investigation and litigation as being adopted by the foreign countries shall include both the separated mode and combined mode for the relation between investigation and litigation.Foreign countries are in advance of our country in terms of the formation of the relation between investigation and litigation and they have formed much beneficial experience.Therefore,when reconstructing the relation between investigation and litigation,we should learn the advance experience of foreign countries.The writer has proposed the mode that should be adopted as for our relation between investigation and litigation after carrying out a thorough discussion of the mode of relation between investigation and litigation as being adopted by the foreign countries.In the fourth part of this paper,the writer will reconstruct the relation between investigation and litigation based on the trial-centered request.The writer first starts from the trial centered perspective to consolidate the connotation this system should have,its distinction from relevant system and the impact it has on the investigation and public prosecution,and further on this basis,the writer has proposed specific suggestions for the reconstruction of our relation between investigation and litigation.