How To Deal With The Public Prosecution To Trial As The Center Of The Reform Of Litigation System

Under the mode of the long-term practice of the investigation center in our country,the judicial malpractice has become increasingly prominent.In recent years,the news media have been exposed to a series of wrongful and false cases,such as She Xianglin’s murder of wife,Nian Bin poisoning case,Nie Shubin’s rape murder case and so on.This series of false and wrong cases is the only case under the investigation as the center.The fruit of the poisonous tree of the theory of volume of evidence.This situation has aroused strong doubts about the fairness and justice of the judiciary.The "trial centered" litigation system is based on the top-level design of the prevention of miscarriage of justice cases,and is also a response to the appeal of the public.To promote the reform of the litigation model centered on the trial is the clear requirement put forward by the party in the fourth Plenary Session of the 18 th CPC Central Committee."The trial is the center" to require the proof of evidence in the court,the facts are found in the court,the pleadings are published in the court,the verdict is formed in the court,and the procedure of the trial is fair to realize the case referee.Substantive justice can effectively prevent the occurrence of miscarriages of justice.It is an important task for the reform of the current procuratorial organs.Therefore,how to actively deal with the reform of the "trial-centered" litigation system in judicial practice is an important problem to be solved in front of every procurator.The main content of this paper is divided into four parts: the first part: the introduction of the reform of the judicial system.From the perspective of criminal jurisprudence,this paper mainly analyzes the reform background,significance and connotation centering on trial.Part two: China’s public prosecution to adapt to the trial as the center of the reform of the litigation system.The state of affairs arising from the influence of trial on the public prosecution department,the public prosecution team and the public prosecutor.The third part: the public prosecution faces the problems in the reform of the litigation system which regards trial as the Chinese and western.This paper mainly discusses the problems of the public prosecution’s insufficient supervision of the investigation organ,the substantive inequality of the status of the defense lawyer,the formalization of the trial and the supervision of the trial.Part four: Suggestions on the reform and improvement of the judicial litigation system.By analyzing the problems in the third part,the author puts forward corresponding Suggestions based on his own work experience.