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The Challenge Of Trial-centeredness On Investigative Work And The Countermeasures

Posted on:2019-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z B ZhaoFull Text:PDF
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The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China has decide to carry out revolution that trial becomes the center of the litigation system,in order to speed up the building of a socialist country governed by law,comprehensively promote fair judiciary,the implementation of the Fourth Plenary Session of the Central Committee of the CPC Central Committee on the decision to promote a number of major issues," the Supreme People's Court The Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of State Security and the Ministry of Justice jointly issued the Opinions on Promoting the Reform of the Litigation System centered on Trial,emphasizing the need to ensure that the facts in the case of investigation,censorship and prosecution can withstand the test of law.The "trial-centered" litigation system reform refers to "investigation-centrism." In the face of the reform of the litigation system centered on trial,the investigating organ needs to take strong measures to deal with it.According to the investigation of investigation status quo,in-depth understanding of the background and meaning of the "trial-centered" litigation system reform,a comprehensive analysis of the challenges facing the investigation authorities and how to quickly and effectively promote the "trial-centered" litigation system reform,So as to put forward further countermeasures for the implementation of decision-making.The first chapter focuses on the trial.This chapter mainly elaborates on the meaning of trial-centered and analyzes the essence of pushing trial-centered.With regard to the meaning of trial-centered,the theoretical circle exists in the aspects of judge-centered theory,court-centered theory,court-centered theory and trial phase.The first section of the chapter first elaborates on the four theories,and secondly,it rethinks the above theories according to the actual situation in our country.Finally,based on the reflection,it is suggested that the trial should center on the trial activities.The second section of the chapter points out the defects of investigation centering,case centering and too-phasic stages of criminal proceedings under the current litigation system in our country.The implementation of the center of trial can correct the investigation center,correct the case centralism and review the criminal proceedings Stage theory.The second chapter is about the challenges the investigating organ faces under the jurisdiction of trial.Under the background of trial,investigating authorities face many challenges.First of all,there are some discrepancies in the concept of investigators,which are manifested in the deep-rooted investigation centrism and the conviction of presumption of guilt that it is difficult to reform and lay emphasis on substantive procedures.Secondly,the investigators are not scientifically certified and have illegal investigations.Detention extended to investigate the deadline and so on;Third,the investigating authorities to assess the body is not perfect,evaluation of misconduct,evaluation of the main single,unscientific evaluation of the standard system,resulting in the abuse of the investigation right,the investigation of inefficiencies and other issues;,The ability to examine evidence,the ability to testify in court and the center of the trial are still some distance away.Finally,there are some inconsistencies and inconsistencies between the regulations on the department of the investigating organ and the procedure of internal handling and the criminal procedure and judicial interpretation.The third chapter,the investigative authorities should deal with the trial as the center of the policy.In the face of the challenges brought by the trial-centered litigation system reform,firstly,the investigators should update their concepts,overcome the investigation-based thinking,abandon the presumption of guilt,and shift from the light-weight procedure to the substantive procedure.Secondly,the investigators regulate the investigation and act in accordance with the law Investigation,fine forensics,strict control of the investigation deadline;again,improve the investigation and evaluation,correctly grasp the evaluation guide,evaluation of the main diversity,scientifical evaluation criteria;again,to improve the overall quality of investigators,investigators to enhance the collection of evidence to review evidence to appear in court The ability to testify;Finally,improve the rules and regulations of the investigation department and procedures for internal handling,so that it and the criminal procedure law and judicial interpretation of unity and coordination.The reform of litigation system with "trial as the center" is a systematic project with many links and a wide range of departments.It is very easy to have problems in the implementation process.Therefore,all departments should actively respond to the reform to ensure the smooth progress of the reform.Based on the current practice,this paper mainly analyzes some of the challenges facing the investigating authorities and puts forward countermeasures so as to provide reference value for the investigating authorities to deal with the challenges brought by the "trial-centered" litigation system reform.
Keywords/Search Tags:trial-centeredism, investigation agency, challenge, revolution
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