Research On The New Relationship Between Prosecutorial Organs And Lawyers From The Perspective Of Trial Center

The reform of the litigation system of taking trial as the center requires the realization of the substantial nature of the trial and the decisive role of the trial in finding out the facts,identifying the evidence and applying the law.The proposition of trial centralism relates to the adjustment of the litigation structure in our country,which requires the establishment of the triangle relationship of equal confrontation between prosecution and defense and the judge in the middle of the judgment.Firstly,this paper expounds the meaning and the theoretical basis of the new type of relationship,and on the basis of referring to the legal relationship of foreign countries,points out that the key to construct the new type of relationship is to realize the equal confrontation between the two parties.At present,the contradictions between the prosecutor and the lawyer in China have eased somewhat,and the issues of mutual distrust,mutual respect and mutual defense between the two parties have basically disappeared under the principle of investigation centrality.Instead,the two sides have enhanced their awareness of the rule of law,reduced their professional estrangement,increased effective exchanges,and paid attention to lawyers' opinions.In recent years,the rule of law in prosecutorial organs has been gradually promoted,and vision has taken active measures to promote the convenience of lawyers' right to defense.However,there are still some disharmony in the relationship between prosecutorial organs and lawyers.The conflicts between prosecutorial organs and lawyers are mainly manifested in three aspects:too powerful prosecutorial power,difficult to equal confrontation between prosecutorial organs and lawyers,limited exercise of the right to defense,difficult to play the role of lawyers,neutral position of judges,trial against alienation.Based on the requirements of the reform of the litigation system of taking trial as the center,this paper makes a deep consideration on the construction of the new relationship between the prosecutor and the defendant,and points out that the premise and foundation of the new relationship is to enhance the neutrality of the judge's position so as to realize the substantial confrontation between the prosecution and the defense in court.The concrete measures to establish the new relationship are as follows,firstly,the key to the realization of the substantive nature of the court trial is to ensure the neutrality of the judge's position.The judge should give equal treatment to the questioning,adducing evidence,cross-examining and other litigation activities of both the prosecution and the defense,at the same time,perfect the system of the witness appearing in court,and change the judge's usual trial materials into trial materials.Secondly,on the basis of perfecting the relief system of the lawyer's right to defend,the content of the lawyer's right to defend should be expanded.By strengthening the effectiveness of the lawyer's legal help on duty and the way of establishing the lawyer's right to be present in the stage of investigation and interrogation,the lawyer can have enough strength to play the role of defending and realize the effective confrontation with the prosecutorial power.Finally,the construction of the proposed arrest and prosecution link of the hearing mechanism.In order to ensure the accuracy and impartiality of the decision of arrest and prosecution made by the prosecutorial organ,the prosecutorial organ may require the investigator and the defense lawyer to confront and debate the disputed evidence or facts in the link of arrest and prosecution,so as to ensure that the decision made by the prosecutorial organ has enough facts and evidence as support.