The Reconstruction Of The Relationship Between The Procuratorial Organs And The Investigative Organs In The Context Of Judicial Centralism

As a key link in China’s judicial reform,the reform of litigation system in the context of judgement centralism is a correction of the traditional mode focusing on investigation or files that is ubiquitous in China’s criminal procedure practice.It emphasizes that the judicial organs play a decisive role in finding facts and determining evidence,and then make a fair and reasonable judgment.However,this reform not only has a great influence on the work of the judicial organs in China,but also is a severe test for the procuratorial organs and the investigative organs in finding facts and identifying evidence.Therefore,it has been an urgent problem in the context of judgement centrism for how to construct the new relationship of litigation and investigation so as to give full play to the leading role of the procuratorial organs in the pretrial procedure,thus cracking down on crimes,protecting human rights in a timely and effective manner and realizing legal procedure and real entity.This article is divided into four chapters.The first chapter discusses the relationship between judical centrism and the institution of investigation.Firstly,the concept of judical centristism is defined as factual evidence investigation,conviction and sentencing debate,and the results of the referendum are formed in the courtroom."Phenomenon,to establish the substantive nature of the trial.Subsequently,it pointed out that the investigation and investigation relationship is faced with the necessity of reconstruction in the context of the trial center.At the same time,it emphasizes that the investigation and prosecution phase should be a reasonable extension of the context of the trial center.Then we should draw the conclusion that the prosecution authority’s preemptive procedure should be established in the jurisdiction of the trial center.The second chapter introduces the inspection and guidance investigation mechanism in China.It is roughly in line with China’s legal framework and the requirements for the operation of criminal procedures from a macro perspective.It plays a positive role in strengthening cooperation in combating crimes and safeguarding human rights.Concrete embodiment.The third chapter points out the problems highlighted by the current procuratorial and prosecutorial investigation work mechanism in China.First,the investigation agency distorts the purpose of the legislation,and the relationship between the two is dissimilatory.Second,the procuratorial organs are out of position,the legal supervision function cannot be implemented,and the third is investigation.The quality of activities is generally not high,and the risk of losing the prosecution office increases;fourth,the authority of the investigation agency varies,the investigation agency lacks the motivation to support public prosecution and trial activities.The fourth chapter introduces the relationship between the lawsuits of Germany and Japan,which are typical representatives of the investigation and detection,and the representative of the United States,which is represented by the separate model of the investigation and investigation.Among them,the German investigation and investigation relationship is reflected in the fact that the power of investigation is exercised by the procuratorate.The judicial police is the assistant of the prosecutor and conducts specific investigations under the leadership and direction of the prosecutor;the Japanese investigation and prosecution relationship reflects the generality of the prosecutor to the judicial police.The right to direct and command,the specific case command,and the judicial police’s obedience to the prosecutor’s right to exercise instruction and command;the US investigation and prosecution relationship reflects the prosecutor’s role as a "legal advisor." Comparing the lawsuits of the above different countries,it has been found that prosecution-led investigation has become a trend in the development of the litigation relationship.The fifth chapter of the perspective of the Chinese academic community on the investigation of the relationship between the exploration of China,mainly embodied in the theory of the complaint and the integration of supervision and strengthening the theory of legal supervision.Among them,the doctrine of complaints and complaints has weakened the independence of investigative authorities on the one hand;on the other hand,it has weakened the legal supervision function of the procuratorial organs and is inconsistent with the position of the constitution of China in the investigation agencies;the strengthening of legal supervision theory has paid too much attention to procedural aspects.The judicial environment can easily lead to imbalances between entities and procedures.The sixth chapter is the author’s idea of the reconstruction of the investigation and prosecution relations in the context of the trial center.This part believes that adhering to the legal supervisory status of the procuratorial organs and the independent status of the investigating authorities is the two “red lines” of the relationship between the investigation and investigation in China.Adhering to the perfection of the inspection and inspecting and investigating work mechanism at the investigation stage can be highly effective,mainly reflecting that this working mechanism conforms to the pattern of China’s rights structure and the laws of criminal lawsuits,helps to improve the efficiency of censorship and safeguards the basics of suspects or defendants.Right,at the same time,we should refer to the general direction of the Japanese prosecutor to reform the relationship between China’s lawsuits and adopt legislation to make more comprehensive provisions on the procuratorial and investigation work mechanisms and legal supervision functions.In addition,the procuratorial agency uniformly approves pre-trial compulsory measures and mandatory investigations,promotes the transformation of the arrest and proceduralization,and grants the procuratorial agency’s case command authority over the investigating authorities in the review and prosecution phase,and provides protection through disciplinary advice.Finally,through the establishment of the investigation agency to guide the counterpart mechanism,exchange personnel exchange system and other methods to close the exchange of investigation agencies.The seventh chapter is the author’s exploration of the procuratorial organs’ guidance of supervisory agencies in investigating the system of duty crimes.The author first reflects on the relationship between investigation power and investigation power,and concludes that it is not possible to simply equate the two.Secondly,the necessity of discussing the system is implemented.Finally,the author proposes the idea that the procuratorial organs guide the supervisory organs to investigate the system of duty crimes.