| Pre-trial as the establishment of a strong local color system is not only a normalized quality assurance mechanism for the handling of criminal cases by public security organs,but also a transit procedure for Unicom's investigation and investigation.However,the legislature has not enough standardization of pre-trial,and the pragmatic level is also confronted with the reform of public security system of "reconnaissance and trial integration",which leads to the risk of the pre-trial procedure being marginalized.At the theoretical level,it is difficult to provide advanced research on pre-trial theory whether it is trying to establish advanced research on pre-judicial examination or countermeasure research aimed at discerning the advantages and disadvantages of "reconnaissance" and "reconnaissance unity" Incremental knowledge.At the Fourth Plenary Session of the 18 th CPC Central Committee,promoting the judiciary reform centered on trial has become the key proposition for guiding the criminal procedure in our country.Therefore,this paper argues that the pre-trial model set and theoretical research should be held trial reform center.By constructing a reasonable pre-trial functional system and realizing the reconstruction of the pre-trial model,the system of contribution to the vision of the trial center can be assisted by factual verification,evidence verification and structural optimization.In addition to the introduction and conclusion,the text is divided into four parts.The first part is mainly about the theoretical construction of pre-trial functional system.Article 114 of the Code of Criminal Procedure stipulates that: "After the public security organ conducts an investigation,it shall conduct a preliminary examination of the case where there is evidence of the existence of a criminal act and verify the evidence collected and retrieved." This article is based on the argument of legal doctrine,That the verification of evidence is the essential function of the pre-trial process,and its breakdown into three functions of investigation,supervision and protection and litigation preparation.The key point of interpretation lies in the dialectical relationship between pre-trial and investigation.The function of supervision and protection is to solve the problem of verifying the evidence.The key point of interpretation is to deal with the dialectical relationship between internal supervision and external supervision.The lawsuit preparation function focuses on solving the problem of verifying the convergence of evidence.The key point of its interpretation lies in reconciling the dialectical relationship between the administrative and judicial attributes ofinvestigation.Therefore,to verify the evidence as the essence,to continue the investigation,supervision and protection and litigation preparation for the characterization of pre-trial function system has been formed.The second part,mainly based on historical evolution,reviews the functions of various pre-trial modes.In the era of "reconnaissance and separation",pre-trial functions were unilaterally rendered due to the exuberant criminalized enthusiasm,combined with the substantive issues of vagueness and blame,and the like.The "reconnaissance and reconciliation" era emphasizes that reconnaissance and pretrial procedures have the same functions,personnel and results.All kinds of modes explored by the locality after the "reconnaissance unity" mostly follow the pattern of traditional pre-trial and fail to exert the pre-trial function.The third part mainly discusses the combination of pre-trial function and the concept of trial center.If we want to realize functional regression in pre-trial in the view of the trial center,we need to rectify the disadvantages of the traditional model by refactoring to meet the reform tendency of the trial center.Through the reconciliation of the two discourse systems of "trial-centered" and "trial-centered",this paper explores the three aspects of fact identification,evidence docking and structure optimization through the lens of investigation,evidence and criminal procedure jurisprudence,As a pre-trial function in the context of the trial center value of the operating field.From the perspective of investigative dimension,pretrial reorganization plays the role of correcting cognitive bias,broadening cognitive pathways and standardizing cognitive behavior,which enhances the cognitive foundation of trial center.From the perspective of evidence dimension,the pretrial reconstitution passes the proof of evidence legitimacy,The evidence objectivity guarantee mechanism and the introduction of evidence cohesion mechanism can meet the evidentiary requirements of the trial center.From the perspective of litigation dimension,pretrial reconstructing not only bridge the fault of reconnaissance and control structure,but also promote the restructuring of accusative structure and optimize the trial center Litigation structure.The fourth part mainly explores the specific models and supporting measures for pre-trial reconstruction to ensure the essence of pre-trial function.The key to verifying the function of evidence is to strengthen the functional expression of continuing investigation,supervision and protection and litigation preparation.The pretrial reconstruction need not be based on the mode of "separate investigation and reconnaissance" or "reconnaissance and reconciliation",but should be prearranged under the framework of "Criminal Investigation" from the height of "negation of negation" so as to enable it to carry out continuous investigation Ability structure.In addition,through the introduction of the hosting responsibility system represented by the sponsor of investigators and the hosting of pre-trial auditors,the trinity of responsibility,power and benefit has been implemented and the function of supervision and safeguarding has landed.Finally,we should change the method of evidence review and cultivate professional pre-trial talents so as to prepare for litigation objectively and subjectively. |
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