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An Empirical Study On The Relationship Between Prosecution And Trial In China's Criminal Procedure

Posted on:2020-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:X S WangFull Text:PDF
GTID:2416330575965215Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The litigation-trial relationship in criminal procedure is a key issue in the development of our criminal procedure system.Although our country has established the strategic goal of reform centered on trial,the development of criminal procedure system is restricted by investigation-centered litigation mode everywhere.The relationship between prosecution and trial is divorced from the direction of development of legislative norms.In practice,the abnormal state of unclear division of labor,excessive coordination and too little restriction is a very full manifestation.Therefore,straightening out the relationship between prosecution and trial and correcting its normal track of mutual restriction are the basis of reconstructing the relationship between prosecution and trial,and also an important step to promote China's reform from investigative centralism to trial-centered litigation systemThe current legislation stipulates that the relationship between prosecution and trial in criminal proceedings should be in the state of division of responsibility,coordination and mutual restriction between judicial organs and procuratorial organs.However,its relative solidification and idealization can not directly attack the core of alienation of litigation-trial relationship in judicial practice.Therefore,it is necessary to go deep into the grass-roots people's courts and procuratorates and conduct field investigation and research to study the litigation-trial relationship of first instance criminal proceedings in China.Grass-roots prosecutors and judges are the most direct participants and practitioners of the relationship between prosecution and trial in criminal proceedings.They have a deep understanding and experience of the realistic situation,problems and various reasons that the relationship between prosecution and trial is facing in practice.Based on the investigation,we can analyze the problems and deep-seated reasons of the litigation-trial relationship in the judicial practice,and seek the fundamental solution to reconstruct the litigation-trial relationship.Based on this idea,this paper takes A Province as the research sample,and through questionnaire survey and other research methods,understands the basic situation of the pre-court meetings of some grass-roots people's courts and procuratorates in the north,middle and south of A Province,and applies the basic and specific situation of the exclusion of illegal evidence and the withdrawal of prosecution by procuratorial organs to understand the reality of the relationship between appeal and trial in criminal proceedings.Status.Through the investigation,it is found that part of the curren t legal system in A province is not working well,and there are many problems in the implementation process of many specific systems,such as too much cooperation and too little restriction.From the perspective of A province,the reason why criminal proceedings in our country can not get rid of the bondage of investigative centralism lies in the alienation of the relationship between prosecution and trial in the process of development,that is,the division of labor of prosecution and trial functions is not clear,too much cooperation and too little restriction.The unclear division of labor is mainly manifested in the inadequate operation of the pre-trial meeting system,which is manifested in the lack of initiative to start the pre-trial meeting,the unclear functional orientation of the pre-trial meeting,and the unclear effectiveness of the pre-trial meeting;excessive cooperation is mainly manifested in the difficulties faced by the application of the exclusionary rule of illegal evidence,mainly including the few cases to start the exclusionary procedure of illegal evidence and the criteria to start the exclusionary procedure of illegal evidence.The application effect of the exclusionary rule of illegal evidence is not good.Too little restriction is mainly manifested in the fact that the withdrawal system of public prosecution cases has not yet been standardized,which is manifested in the defects of legislative norms and arbitrary withdrawal behavior.The reasons for the above problems in the relationship between appeal and trial in criminal proceedings in China are rooted in the lack of norms in the operation of specific legal systems.In order to change the present situation of the relationship between litigation and trial,we must break the circulation system full of latent rules formed in practice,and we must start with the specific system and regulate it in many ways.First,in order to improve the actual operation effect of the pre-court meeting,we should improve the legal provisions of the pre-court meeting system and fully protect the rights of the defendant in the pre-court meeting;second,we should ensure that the court directly and effectively reviews evidence,including improving the witness testimony system,improving the investigators and other relevant personnel testimony system,and ensuring the correct place of the court.The relationship between written testimony and court testimony should be examined and the effective implementation of the exclusionary rule of illegal evidence should be guaranteed.Thirdly,the investigation of court trial should be enriched and the substantialization of court trial should be implemented.Among them,we need to improve the way of proof of procuratorial organs,weaken the control of cross-examination by judicial organs and prosecution organs,and strengthen the court certification of judicial organs.Fourthly,we need to improve the functional orientation of procuratorial organs.On the one hand,to ensure that the procuratorial organs fully perform the function of legal supervision,on the other hand,pay attention to improving the quality and standard of the public prosecutor appearing in court to support public prosecution;fifth,to weaken the coordination of the function of prosecution and trial in the result of judgment,it is necessary for the prosecution organs and the judicial organs to treat the rate of innocence judgment rationally,improve the system of reasoning judgment to strengthen the independence of the judicial organs,rationally analyze cases and improve the judiciary Responsibility system guarantees that law and procuratorial organs perform their duties and safeguards the bottom line of judicial fairness and justice.
Keywords/Search Tags:Criminal Procedure Litigation Relations, Mutual Cooperation, Mutual Restriction, Empirical Research
PDF Full Text Request
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