The Study Of The Relationship Between Investigation And Prosecution In The Trial Centered View

The basic principle of constitutionality followed in the adjustment of investigation and prosecution relations in China is that public security organs,procuratorial organs,and judicial organs are responsible for the division of labor,mutual cooperation,and mutual restraint when handling criminal cases.However,under the background of further deepening judicial reforms and centered more on trials,the principle of “responsibility for division of labor,cooperation,and mutual restraint”requires some new understanding.In the past,the understanding focused on cracking down on crimes.Therefore,there is a strong sense of processivism that requires a new understanding from the perspective of the structural reform of the judicial system.It should mainly include: trial-oriented public prosecution,public prosecution,and investigation;investigating prosecution as a value target,public prosecution.Take trial as a value goal.In the investigation and prosecution relationship,the coordination is more important than the restriction.The single mutual restriction should be replaced by the structural restriction of the investigation and prosecution.The overall relationship of investigation and review must be based on fairness and justice.The perfection of the investigation and prosecution relationship can play an active role in optimizing the structure of litigation,realizing the substantive nature of court trials,preventing false and false cases,and enhancing the efficiency of litigation.The author intends to analyze China's current investigation and prosecution relations,appropriately compare and draw on the foreign investigation and prosecution relations model,implement the substantive requirements of the trial center,establish a new type of investigation and coordination mechanism,and implement public prosecution guidance to investigate and strengthen Investigation and supervision,In accordance with the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of National Security,and the Ministry of Justice's "Opinions on Promoting the Reform of the Criminal Proceeding System Focused on Trial",we established a matching institutional support and deepened the relationshipbetween reform investigation and prosecution.This paper begins with the essence of the relationship of investigation and action,clarifies the nature and characteristics of the relationship of investigation and action,and analyzes the mode of unification of investigation and action in continental law system,the mode of separation of investigation and action of common law system,and the mixed mode of both.The reasons for the formation of different models and their advantages and disadvantages are summarized,so that sufficient theoretical preparation is made for deepening the reform of the relationship between investigation and prosecution in China.On the basis of summing up the system connotation of taking the trial as the center,the article discusses the essential requirements and practical significance of the relationship between investigation and prosecution,taking the trial as the center.It is further pointed out that the imbalance of investigation and prosecution relationship in our country is caused by the centralism of investigation and file centralism,and there are some practical difficulties in realizing the reform of litigation system with trial as the center.Finally,in view of the different standards of investigation and prosecution evidence and the dislocation of the status and function of the main body of litigation,according to the current situation of judicial practice in our country,the author thinks about the feasibility and necessity of reforming the relationship between investigation and prosecution.And then put forward the system strategy of prescribing the right medicine.