Duty-Related Crime Investigation Mode Transform Research Under The Background Of The Judge-Centered Litigation System

After the reform of the judge-centered litigation system was put forward,and with a few short years of practical exploration,it has been vigorously promoted by the theoretical and practical circles,and has been spread rapidly and stepped in the right direction throughout the country.The principle of evidentiary adjudication has been effectively implemented,and the decision-making role of the judge has been gradually brought into play.With the transfer of duty-related crime investigation rights to the procuratorial supervisory committee,the traditional investigation mode of duty-related crime needs to be further improved under the new anti-corruption situation to adapt to the changing litigation system reform and anti-corruption need.The investigation of duty-related crimes has its particularity,which not only reflects in the investigation and evidence collection methods of "establishing a case by person" and "investigating a case with another case" that are generally adopted,but also reflects in the high dependence on verbal evidence.And this is in contradiction with the inherent instability of verbal evidence,causing many duty-related crimes to "abort" at the critical moment.Under the special background of the reform of the judicial system and the reform of the supervisory system,such as the great historical changes,the adjustment of the functions,the great changes in the situation,and the transformation and development of the construction of the rule of law,the procuratorial organs and supervisory organs have become the backbone and core of handling duty-related crime cases.Duty-related crime investigation mode will be inevitably changed and adjusted according to time and trend.Under such background,the author started from the origin and exploration of the reform of the judge-centered litigation system and the establishment of the relevant systems,combed its reform process,clarified its specific connotation and basic requirements,and analyzed its concrete content.On this basis,the author defined the definition of duty-related crime investigation mode,and adopted the comparative analysis method,and took the important countries and regions with two major legal systems(such as the United States,Britain,France,Germany,Singapore,and Hong Kong)as the reference,and conducted in-depth comparative analysis of structures and characteristics of the investigation modes in the above countries and regions.Then,combined with the judicial practice and the author's long-term work summary,the author made a comprehensive evaluation and analysis on the two ways of investigation,which have existed for a long time,from confession to evidence and from evidence to confession.On the basis of the comprehensive review and reflection of the five characteristics of the investigation mode of duty-related crime in China,the author deeply analyzed the deficiency and predicament of the investigation of duty-related crime in China.The author believed that: collaborative investigation is helpful to eliminate the soil of irregular or illegal investigation and evidence collection behaviors such as extort confessions by torture,confession by inducement,and confession by deception,so as to prevent the occurrence of unjust,false and wrong cases to a certain extent;while improving the quality of case handling and the efficiency of litigation,this method also can further strengthen the "judge-centered" judicial concept of personnel handling the cases,and optimize and consolidate the system and mechanism of judge substantiation to the greatest extent.Finally,the author put forward solutions to the problems existing in the mode of collaborative investigation and clarifies the operation direction of the mode.It not only listed the three theoretical supports-collaborative theory,social communication theory and game theory of the cooperative investigation mode,but also listed the practical basis and actual soil for the application of "four forms" in the long-term duty-related crime investigation practice in the reforms of confession and punishment system,plea bargaining system,tainted witness system,and supervision system.The cooperation of this mode is reflected in many aspects,such as cooperation between investigation organs and parties,investigation organs and defenders,investigation organs and public prosecution organs,and even cooperation between investigation organs and judicial organs.On the basis of the above comprehensive analysis and discussion,the author put forward the assumption and improvement direction of the cooperative investigation mode in China under the centralized and unified leadership of strengthening the Party's anti-corruption work.