Research On The Relationship Between Detection And Inspection From The Perspective Of Trial-centered

Trial-centered structure emphasizes the essence of the trial.The proof,the qualitative evidence and the convictions are all completed in the court.In the passed years,China's litigation mode has formed the "Investigation Centered",resulting to the uncontrolled power of the public security.And leading to the supervision function of the procuratorate organs weakening,and the court trial is void.This deformity of the litigation concept leads to the difficulties in the development of the criminal procedure in our country and causes a lot of wrongful and false cases.Therefore,in order to carry out the reform of litigation system centered on trial,we must transform judicial concept,ensure that all pretrial work takes trial as the final destination,and play the substantive role of court trial.This requires the reconstruction of the relationship between the investigation organs and the procuratorate organs,and make the investigation and procuratorate organs face the trial and serve the trial.The constitution of our country stipulates that the relationship between the investigative organs and the procuratorate organs is "responsible for the division of labor,mutual cooperation and mutual restriction." However,in practice,the excessive cooperation between the procuratorate organs and the investigative organs restrict the imbalance and lead to the abuse of the power of investigation.Therefore,we need to sort out the relationship between the two organs and emphasize that the two organs restrict each other on the basis of division of labor.Procuratorate organs should play an active role in their legal supervision,and the investigative organs should standardize the behavior of forensics and actively cooperate with the procuratorate organs to examine and prosecute the work.In order to strengthen supervision,the mode of procuratorate guidance and investigation is put forward.The procuratorate organ guides the investigation organs to collect evidence and supervises the behavior in the process of investigation.In this way,the pretrial procedure has been carried out in an orderly way,creating good conditions for the trial of the court.