A Study On The Construction Of Investigation And Trial Relationship With Trial As The Center

In China in constitution law and the criminal procedure law stipulate commercial &examination &legal three authority "division of labor,mutual cooperation,mutual restriction",in practice,however,three organs with too much,too little restriction,gradually formed the investigation centered lawsuit pattern,in this mode,the essence of the trial function are built on stilts,principle of direct verbal and illegal evidence exclusion rule,etc.Can't really implement,investigation organ play a leading role in case,the defendant and criterions for the conviction of criminal suspects in the investigation phase has been formed,prosecution and trial phase a formality,after investigation,prosecution of cases,to the trial stage usually found guilty,cause huge emerge in endlessly.This time,the fourth plenary session of the 18 th CPC central committee proposed to promote the reform of litigation system centered on the trial,to ensure the central position of the trial.Investigation and prosecution can only be conducted around the trial and serve the trial.Adhere to the "trial centered",it is necessary to perfect the current lawsuit system and the development,first of all,to strengthen the consciousness of restricting each other between the various agencies,v.careful budgeting to change to the concept of the crime,not only to prosecute a crime,criminal behavior in the real Sue criminals to pursue more legitimacy of the program,strengthen the mutual restriction between the litigation stage,put an end to illegal behavior in the process of Sue criminals,agencies to clear their duties,the public security organ is not only to fight crime,more standard investigation of the behavior,procuratorial organs should not only fulfill the functions of prosecution,more should attach great importance to the exercise of checking and supervision function,judicial organ should pay attention to the trial substantial construction,play the judge neutrality and objectivity.Second,must strengthen to the public security organ of power restriction,changing the current situation of "investigation centered",establish the judicial review system,strengthen the system of investigators testifying,the investigation organ detection behavior under court supervision and restraint,guarantee every defendant,criminal suspects can be treated fairly.Again,must strengthen the power restriction between v.careful budgeting,strengthen the guidance and supervision,procuratorial organs of the investigation organ to further standardize investigation,to reform the system of entire case transferred to put an end to the formation of dossiers,standardize the procuratorial organs exercise of the judicial supervision,to prevent improper interference of sentence formation,trial supervision at the same time,reconfigure the right of arrest,the exercise of the right of arrest to the judicial organ is more conducive to the formation of the trial.Trial should be paid great attention to in the end,the essence of construction,adhere to the principle of direct verbal trial,implement the referee rules of evidence,such as illegal evidence elimination rule and safeguard the balance of power,the prosecuting and defending parties in equal confrontation,unified certificate standard,makes investigation,prosecution case stand the test of the court trial in play a decisive role in the criterions for the conviction of criminal suspects and reduce the factors that affect the criterions for the conviction of any trial.Overall,promote the reform of trial centered lawsuit system to reposition,v.,careful budgeting,the relation between the trial center under the socialist concept of rational allocation of judicial organs,the method of three organ of authority,play a role of the center of the trial,to ensure that criminal proceedings in different stages of the scientific and efficient to push forward.