The Practice And Perfection Of The Pre-litigation Dominating Mode In China

For a long time,the relationship between investigation and prosecution in our country has been continuing to follow the traditional pattern of division of labor,responsibility,mutual cooperation and mutual restriction.In judicial practice,there are a series of problems,such as the trend of leading cases of investigation,the difficulty of eliminating illegal evidence,the serious tendency of centralism of file record and lacking of effective dynamic supervision mechanism.In order to solve these obvious deficiencies and mismatches,in March 2016,the Supreme Procuratorate formally put forward the related concepts that procuratorial organs should give full play to pre-litigation leading and filtering,and achieve remarkable results in the two-year pilot reform process.It has injected fresh blood into the reform of the criminal procedure of trial centralism.However,the dominating mode before litigation in China is still in its infancy,and there are still some deficiencies in its practice.In order to solve these problems properly,the new requirements of the Supreme Procuratorate on the reform of criminal proceedings dominating before litigation and filtering before trial are put into practice.Therefore,it is proposed that under the background of the reform of litigation system with trial as the center,it is the inevitable choice for the reform of the investigation and litigation relationship to perfect the leading mode before litigation in our country,and through deepening the leading position of procuratorial organ in the pre-lawsuit procedure,to make innovations of procuratorial organs to intervene in the investigation,to guide the supervision of investigation evidence,and to improve the efficiency of the prosecution.The article is based on the summary of the pre-litigation dominating mode and the concrete content of the pre-litigation dominating mode,as well as its legal value and practical value,this paper focuses on the present situation and effect of the pre-litigation dominating mode in the practice operation.It analyzes the problems it faces in the current practice,deeply analyzes the causes of the pre-litigation dominating mode in our country,and then puts forward a series of perfect suggestions for our country's pre-litigation dominating mode.For example,in the specific path,the system of collecting evidence before litigation,strengthening the supervision after litigation,realizing the separation of complexity and simplicity,carrying out the review of experience in an all-round way,perfecting legislation in entity,optimizing the procedures of filing and reporting in procedure,etc.,are all put forward.We should fully implement the specific measures and relevant safeguards in order to promote the continuous maturity and perfection of the leading mode before litigation in China.