Study On The New Relationship Between Investigation And Prosecution Under The Perspective Of Trial Centered

The relationship between investigation and prosecution has an important influence on the investigation and accusation in the process of criminal proceedings.The relationship between the investigation organ and the prosecution organ in the exercise of their respective functions and powers is the relation of investigation and litigation,and the investigation and litigation relationship has a direct impact on the efficiency of litigation process.Advance trial centered Criminal lawsuit system reform for examination and prosecution investigation litigation judgment of each work around the center,in combination with the new situation,the investigation relationship between objective review becomes very necessary.Trial centered lawsuit system reform should attach importance to mapping relationship.Only by correctly understanding the problem and finding out the reasons can we reconstruct the relationship between the investigation and the truth,and realize the pre-trial procedure of the criminal procedure And the effective operation of the supervision,the establishment of a law in accordance with the laws of the prosecution to guide the investigation mechanism for the "trial centered" to provide strong support.This paper systematically studies the new relationship between the investigation and the prosecution from the basic theory,legislation and judicial practice.Besides the introduction and conclusion,the article mainly discussed from the following five parts:The first part discuss the relationship between the "trial centered" and the relationship between investigation and prosecution.Through the analysis,build up a basic understanding between the two,lay the groundwork for the theoretical analysis below;The second part summarizes the problems existing in the relationship between the law and the judicial practice,and further explain the problems that need to be solved in the reform of judicial reform;The third part analyzes the influence of "trial-centered" on the relationship between investigation and prosecution and puts forward the requirements,which lays the foundation for the next step of building a new type of investigative relationship;In the fourth part,the model of investigation and prosecution is compared and analyzed in two directions.This paper compares the relationship between the civil law system and the Anglo-American law system.Based on the model of China's investigation and lawsuit,this paper puts forward the revelation of the model of extraterritorial investigation of the relation between investigation and litigation in China;The fifth part discusses the construction path of a new type of investigation relationship based on trial.This paper puts forward a concrete solution to the relationship between investigation and litigation as in the second part,the author analyses the problem of the relationship of investigation,and the reform of criminal litigation system based on trial.