To Study The New Relationship Between Prosecution And Defense From The Trial Centered Reform Of Litigation System

The reform of the criminal procedure system centered on trial emphasizes the substantive of the trial,to ensure that the trial does not go through the scene,it is necessary to ease the tense situation of both sides of the debate.In order to build a scientific and reasonable argument,many scholars and practitioners have been actively exploring the root causes of the problem,and put forward their own solutions to the corresponding problems.Most of these programs are based on the following: restrict the powerful public power of investigation organs and procuratorial organs,protect the weak practicing rights of the defense lawyers,propose to set the lawyer's right to be present,cancel the perjury.These measures have played a positive role in improving the relationship between the two parties,but in order to achieve a better state,these initiatives are far from enough.This article mainly discusses the problems faced by both sides and the domestic research situation,and based on judicial status,makes a detailed analysis and demonstration of the problems that scholars did not discuss in depth,then put forward the main research methods,content and innovation of this paper.In the context of the gradual deepening of judicial reform,The Supreme People's Procuratorate proposed to build a new relationship between prosecutors and lawyers.This is not only conducive to the realization of the value of law,but also help to build a criminal litigation system and solve torture and other prominent judicial issues.There are some problems such as lack of interaction and lack of confrontation on both sides.By observing the practice of judicial practice in foreign countries,it can be seen that reasons for the emergence of contradictions.These are the key to the development of both sides :faulty litigation structure,weak criminal defense,low operability system,lack of professional identity.From the official point of view,the nature of the new litigation relationship is confrontation and cooperation.Aiming at the problem of restricting the development of China's litigation relationship,combined with judicial practice and theoretical hot spots,we should explore the road of combining theoretical practice with China's national conditions,not blindly copying foreign experience and practice.In order to improve the antagonism and enhance the depth of cooperation between the two sides,it is necessary to implement effective public prosecution and effective defense system,explore the objective obligations of the prosecutor and criminal defense access system and other issues.On the other hand,in order to construct the new relationship between prosecution and trial defense litigation,we must focus on reconstructing the investigation of the harmonious litigation relationship,solving the problem of judicial assembly line,getting rid of the embarrassing situation that lawyers are difficult to intervene in criminal proceedings,protecting the right of defense counsel,attracting lawyers to participate in judicial reform,and laying a solid foundation for the realization of the legal professional community.