A Study On The Procedure Of Examination And Prosecution Under The Center Of Trial

The Fourth Plenary Session of the 18 th CPC Central Committee put forward the reform of the trial-centered litigation system to ensure that the facts of investigations and prosecutions can stand the test of law.Trial-centered litigation reform has become a hot issue in the current criminal litigation field.Judgment is centered on the reliance on dossier-based investigative centralism in criminal litigation.It requires that all evidence of conviction be amenable to legal inspections,and imposes higher requirements on the investigation and examination of evidence in prosecution cases.It should be said that the trial-centered reform of criminal procedure is of great significance for changing the traditional criminal justice concept,optimizing the principle of division of labor and coordination in criminal proceedings,implementing the principle of evidence adjudication,advancing the substantive nature of court trials,and improving the criminal legal aid system.At the same time,the trial-centered reform of the litigation system will inevitably raise new tasks and challenges for the procuratorial organs to perform their functions more effectively.It will inevitably require public prosecution as the center during pre-trial procedures to further rationalize the prosecution-police relationship.Judging from the perspective of the trial as the center,we can examine the procedures of censorship and prosecution in China's criminal lawsuit.We can find that the censorship procedures in China still have problems such as the evidence reliance on investigative materials,the difficulty of illegal evidence removal procedures,and the inability of criminal suspects to defend their rights.Therefore,it is of great practical significance to further in-depth research on China's procedure for reviewing and prosecution,and to solve the relevant problems in the procedure and to effectively reflect the requirements of trial-centered litigation system reform.The paper begins with the meaning and characteristics of China's censorship proceedings,and analyzes the functions of censorship proceedings,which mainly include the functions of filtering and diverting the case,supervising the investigative activities,and starting and controlling the trial procedure.Secondly,it analyzes the meaning of the trial as the center,proposes the background and the requirements for reform,and from this perspective,it examines the filtering function and the diversion effect of the case,the supervision of the investigation,the examination of the prosecution,and the participation of the parties.In four aspects,the problems existing in the review and prosecution procedures in China were thoroughly discussed.Finally,the basic ideas of how to further ensure the reform of the examination and prosecution system in the context of the reform of the criminal litigation system under the jurisdiction of the trial are proposed: the work mode of the reform review,the establishment of a new-type litigation relationship,and the refinement of the illegal evidence elimination method and procedure.Give full play to the case diversion function.