The Relationship Between The Procecuting Officer,Defense And Judge In The Case Of Job Crime On The Perspctive Of Centralism Judgment

In the past,the criminal procedure system leading by Investigative centralism was criticized by Academic and practical circles.Under this framework,the investigation organ plays the main role,while the Prosecutor and the judicial organ play the auxiliary role,this threes organ pay much attention to cooperate but ignore the constraint.The presumption of guilt and the Confession first and the Dossier Centrism lead to mistrials and perversions of justice easily.In order to rectify a deviation,The forth Plenary Session of the Eighteen propose to build a trial-centered criminal procedure system.The trial-centered criminal procedure system should contains equality between prosecution and defense and the restriction of public power and the substantive court trial.We should stick to The principle of evidence-bas,the principle of direct inspect proof,the principle of ruling out Illegal Testimony,in order to realize the evidence showed in the trial,the identification of the facts of the case in the trial,the judgement made in the trial,for fully protect the litigation rights of criminal suspects and defendants,Set up a new concept of criminal procedure which emphasizes both crime and human rights protection.All these things needs us to think twice.In the fact,Much malpractice still exists in the Current criminal procedure system,such as lack of the investigation of crimes,the witness does not appear in court,illegal evidence sometimes exist etc.In order to solve these problems,the necessity of reforms of the Current criminal procedure system is self-evident.The trial-centered criminal procedure system can make the relationship among the prosecutor,the defense and the judge comes back to rational.The relationship of them like a tir-angel,the judge is on the top,the the prosecutor is on one base side,the defense is on the other base side.The judge is in the middle so as to judge independent.So the guilty are punished,the one who is not guilty is exempt from punishment.