On The Responsive Strategy Of The Public Prosecution To The Substantiation Of Trial

The substantiation reform of trial will inevitably have a great impact on the prosecution of procuratorial organs.As an important role of the first-instance court,the prosecutors,in order to promote the compatibility between prosecution and trial substantiation,should conduct reform and improvement from the perspective of strengthening review process before the court,transforming the mode of evidence examination,strengthening the court prosecution ability,and adopting supporting mechanism for procedure divergence so as to further improve prosecution functions of the procuratorial organs.Apart from the introduction,this paper is divided into three parts.Part One focuses on establishment background and institutional development of the substantiation of trial.The eighteenth national congress of the CPC has made a significant deployment of the rule of law,marking the important and new historical stage of China's entry into the construction of a socialist country under the rule of law.Promoting the reform of trial system centered on lawsuit system is the specific requirement put forward by the fourth plenary session of the eighteenth national congress of the CPC.The substantiation of criminal trial is the core of the reform of litigation system centered on the trial,the basic requirement of which is to “guarantee a decisive role of trial on fact-finding,evidence determination,protection of litigation right,and impartial judgment”.With the further in-depth of reform,relevant systems for the substantiation of trial is gradually improving,and the reform of the substantiation of trial has been piloted in some areas in China so as to explore the path to the substantiation of trial in line with China's national conditions and promote the further development of the reform.Part Two focuses on the influence of substantiation reform on prosecutorial work of the procuratorial organs.The first step is to ensure that the trial is “trialing points in dispute”,which makes the preparation work of public prosecution change before the court.The second step is to promote the reform of evidence review from the strict implementation of the illegal evidence exclusion procedure,the establishment of witness' s appearance in the court,and the application of the restriction of written testimony.The third is to require the improved ability of public prosecution from procedures of the substantiation of trial including the transformation of burden of proof,cross-examination and attestation of the criminal evidence and in the meanwhile supporting mechanisms such as the diversion of the complicated and simple and the leniency of confession and punishment acceptance raises the public prosecution and higher requirements for prosecution work.Part Three focuses on the strategy improvement proposal of public prosecution to deal with the actual trial,which consists of four aspects,including full preparation for the court,the strengthening of personal experience of evidence review,the improvement of the ability to prosecute and the reasonable use of the supporting mechanism.The first is to strengthen the restriction of the investigation organ,improve the preparatory work mechanism and promote the pre-trial meeting system.The second is to cope with the change of the way of examining the evidence of trial including the exclusion of illegal evidence and the strengthening of witness' s appearance in the court.The third is to cope with the substantiated trial through improving the method of burden of proof and cross-examination,strengthening the ability of defense and persecution,and promoting witness interrogation skills.The last is to cope with supporting mechanisms of the diversion of the complicated and simple and the leniency of confession and punishment acceptance by increasing the number of prosecutions and strengthening the training of public prosecution so as to guarantee the quality of the cases under the supporting mechanism.