On The Reform Of The Public Prosecution System From The Perspective Of The Trial Center

The system of public prosecution is a system which is set up by the state to set up a special agency to supervise and safeguard the implementation of the law of the state.Public prosecution is a bridge connecting investigation and trial,Playing a role in the Criminal Procedure.In the process of criminal procedure, the case that the public prosecution review and investigation organ is transferred to the prosecution, restricts the start of judicial power in the procedure, and restricts the scope and object of the trial.The quality of a case to a certain extent depends on the pre-trial procedure, that is,the quality of the case in the prosecution and investigation stageIn the fourth Plenary Session of the 18th CPC Central Committee proposed the "trial centered litigation system reform" on the case of quality problems put forward new requirements for the quality of the case to withstand legal inspection ", the more stringent requirements of the public prosecution work, put forward higher requirements for the current public prosecution system.In order to promote the smooth progress of reform and realize the substantive fairness and justice of China's criminal justice, we must understand what "the reform of the litigation system centered on the trial "is, the requirements of reform, the essence of reform and beware of the misunderstanding of the reform . The prosecution authorities only have a correct understanding of these can make the appropriate response measures to promote reform .At the same time to carry out the reform, the public prosecution department to resolve the current trial caused by formal investigation center, the witness was not high barriers, The indictment copy, the trial process is too dominant traditional concept of handling obstacles, over reliance on oral confession and scientific evaluation mechanism, the lack of the ability of the prosecutor in court to witness. These problem in the initial stage of the reform should attach great importance to and solve problems.In the face of the reform of the procuratorial organs, we should first establish the consciousness of the trial and the service.To realize the split flow of cases in the trial stage,guarantee the quality of the case into the trial stage,improve the rational distribution of judicial resources and improve the efficiency of lawsuit. At the same time in the new stage of the trial stage of the predictability of the decline, the lawyer's professional skills are also rising, the prosecutor to improve the ability to court prosecution, improve the pre-court preparation mechanism to improve witness attending rate, to achieve the principle of direct speech,In this process the prosecution to clear their own functional positioning,to ensure the smooth progress of criminal proceedings, the case can be a fair solution.Reform is not the trial stage or a court thing,China's Constitution provides that the public security law in criminal proceedings is "division of labor is responsible,mutual cooperation, mutual restraint" relationship.In the context of reform, the prosecution should pay more attention to the relationship between the court and the public security, to build a more reasonable relationship between public security and to promote the judicial reform.