Constructing A New Type Of Litigation And Investigation Relationship With Public Prosecution As The Center Under The Judicial Center

Advancing the reform of the trial-centered litigation system is an important deployment of the Fourth Plenary Session of the 18 th CPC Central Committee to improve the operational mechanism of judicial power.This reform has put forward new and higher requirements for all aspects of criminal proceedings,such as investigation,arrest,prosecution and trial.In particular,the impact on prosecution work is comprehensive,and prosecution organs are facing enormous challenges.Among them,the public prosecution work is in the middle of criminal procedure.In the three relations of public prosecution and investigation,public prosecution and trial,public prosecution and defense,the relationship between public prosecution and investigation is the most basic and important relationship in criminal proceedings.The premise and basis of the relationship between adjudication and defense.Taking Fuzhou City as an example,the author analyzes the data of public prosecution cases in the whole city in the past two years,conducts a questionnaire survey on the city and county public prosecutors,visits some investigators in the city and the whole county,and reflects over the existing system of prosecution and investigation according to the litigation requirements of the "trial center".The system has some problems,such as investigation as the center,incomplete legal norms,inconsistency in the majority of criminal cases,lack of coordination,unreasonable litigation objectives,and lagging and passive supervision and control mechanisms.In order to prevent false and wrong cases and promote the substantive process of trials,we should establish a large-scale prosecution system with cooperation of investigation and prosecution,build a pre-trial procedure with public prosecution as the axis,and strengthen the functions of public prosecution to guide,regulate,supervise and link up investigations.On this basis,we will revise and improverelevant laws and regulations,and refine and improve relevant regulations and operational rules from a macroscopic and microscopic perspective,from clear intervention to guide investigation,improve investigation and supervision mechanisms,promote the integration of arrests,supplement investigations,and formulate Specific measures were proposed in terms of evidence standards and strict evidence adjudication rules.We will build a large-scale prosecution pattern of litigation and investigation,which is dominated by public prosecution,and jointly form a joint investigation and fight against criminal crimes to achieve judicial justice and efficiency.