Research On The Public Investigation Based On The Judicial Centralism

At present,the trial-centered litigation system reform is steadily advancing.The adjustment of the criminal trial model in China's "Criminal Procedure Law",the new rules determined by the compulsory organ for compensation in the "State Compensation Law",the unceasingly falsified wrongful case,the pursuit of fair justice,etc.Creating a trial-centered litigation system reform good environment.The trial-centered reform of the litigation system focused on the criminal litigation field,subverted the traditional investigative centralism litigation model,and focused on the substantive nature of court trials,aiming to achieve a transition from the “authority”of investigation to the“authority”of trial.The trial-centered reform of the litigation system adheres to the strict principle of legally prescribed punishment for crimes and the rule of exclusion of illegal evidence.For criminal cases,the evidence cross-examination in the court,the facts of the case found in the court,the pleadings published in the court,and the grounds for the referee's formation in the court's,“four in court” pattern will become the normal state of court trial.The trial-centered reform of the litigation system has caused the public investigative authorities' current investigative case handling model facing multiple challenges.The investigation itself,the supervision of the Procuratorate and the reform of the public prosecution,the trial reform,the strengthening of effective defense,and the deepening of protection of the rights of the participants will all affect the current pattern of investigation and evidence collection,and force the public security investigation agencies to carry out corresponding reforms.However,at present public security investigation agencies have many problems that are incompatible with the trial-centered litigation system.Such as investigative behavior can not take into account the efficiency and fairness,the lack of investigation of the subject's legal literacy,investigation activities rely on excessive interrogation,public security investigation and collection mechanism is not smooth and so on.The public security investigation agency needs to clearly understand the necessity of adjusting the current investigation model in the context of the reform of the trial center,and actively promote corresponding public security investigation reform measures.In short,it is necessary to standardize the investigation activities and improve the investigation quality.The trial-centered approach to public security investigation reform can be divided into two steps: the design of a close-range system and the vision of a long-term perspective.In terms of close-range view,it is necessary to amend and improve the criminal investigation and assessment indicators and assessment methods,strictly control the entrance and exit of investigators,formulate guidelines for excluding illegal evidence,and formulaterules to ensure that criminal procedures are adhered to,implement the system of investigating the investigators and the quality of case-handling,and have a lifetime responsibility system.Measures are also taken together with innovative supervision and control mechanisms.From a long-term perspective,it is necessary to collect evidence during the investigation stage and introduce a third-party review mechanism to explore the pattern of investigation and evidence collection under the right to silence and to test the system of the trial of the warrant system.