The Improvement Of The Public Prosecution Work Under The Background Of The "trial-centered" Litigation System Reform

There has been a long time for China's judicial organs to treat the investigation organ as the center,which led to the trial of the people's court meaningless,the prosecution accordingly also has a certain degree of formal color.In this way,the trial can not effectively play the role of censor prosecution evidence and prosecution plea,can not effectively prevent the emergence of injustice,can not effectively protect the defendant's human rights.The Decision of the Central Committee of the Communist Party of China on the Promotion of the Important Issues of Ruling of Law,promulgated by the Fourth Plenary Session of the Eighth Central Committee of the Communist Party of China,clearly calls for the advancement of the “trial-centered” litigation system reform,which is directed at investigation-centered modle,to ensure that the trial in the identification of facts,finds evidence and fair play a decisive role in the referee.The "trial-centered" litigation system reform poses a major challenge to the prosecution work of the procuratorial organs in our country.In the context of institutional reform,the prosecution and the defense in the court engage a higher degree of confrontation,the prosecution can not grasp and predict the results as before,the trial results significantly increased the variable.At the same time,it is more difficult for the procuratorial organs to fulfill the indictment function,and even innocent verdicts with fewer occurrences in the past will become a common phenomenon.There are still some inconsistencies in the reform of the litigation system of the“trial-centered” litigation system,which is mainly reflected in the following: the prosecutors still have wrong ideas such as guilty presumption and trial uselessness;The lack of trial perspective and can not meet the needs of the trial;the relationship with the defense needs to improve and so on.China's procuratorial organs should take measures to perfect the public prosecution work under the background of promoting the “trial-centered”litigation system reform.The measures that can be taken include: First,update the concept of public prosecution.For example,the procuratorial organ should adhere to both entities and procedures,presumption of innocence and other ideas.Second,the innovation review prosecution model should be based on the requirements of the trial to grasp the standard of prosecution,from the perspective of trial review and improve the evidence to meet the needs of the trial to do pre-trial preparation.Third,improve the court support work.Prosecutors should use pre-conference mechanism to do pre-trial preparation,attach importance to arranging witnesses and experts to give testimony,give full proof and full proof during trial,actively participate in illegal evidence exclusion procedure and do well proof work,handle well with counsel and court Relationship.