Research On The Relationship Between China's Investigation And Prosecution From The Perspective Of Judgment

The investigation relationship is a very important relationship in the criminal procedure.The two parties that form this relationship,the investigation agency and the procuratorial organ,represent two important pre-trial procedures,namely the investigation procedure and the public prosecution procedure.The quality of the relationship will directly determine whether the follow-up trial can proceed smoothly and determine whether the purpose of criminal proceedings can be smoothly achieved.The Constitution of our country stipulates the principle of dealing with this relationship:division of labor is responsible,mutual cooperation,and mutual restraint.However,in the actual operation process,due to the excessively powerful investigative power,the legal supervision of the procuratorial organs is weak,which makes the investigation play a decisive role in the entire criminal procedure.The subsequent prosecution,especially the trial work flow in the form,the trial is blurred,Going through the court,the trial is only to determine the investigation work in the form of legal judgment,which is the main reason for the occurrence of false and wrong cases,reducing the credibility of the judicial.In view of this,the Fourth Plenary Session of the 18 th CPC Central Committee proposed a trial-centered litigation system reform,emphasizing the central position of the trial in the entire litigation process,which will certainly have a profound impact on the current investigation and prosecution relationship.Under the background of the reform of the litigation system,the investigative organs and the procuratorate should reshape what kind of investigation and prosecution relationship in order to better meet the challenges of reform and better perform the functions of investigating crimes.This is the common face of both parties.problem.This article is divided into four parts.The first part is about the beginning of the mountain.It discusses the current situation of China's current investigation and prosecution relationship in the legislative and judicial practice and the new changes in the investigation and prosecution relationship.It also points out that the current investigation and prosecution relationship in China mainly exists in the investigation agency's coordination and cooperation dislocation,inspection and guidance investigation.The timeliness,lack of effectiveness,and the lack of supervision by the public prosecution authorities on the investigation organs are three major problems.The second part is about the theoretical thinking of reshaping the relationship between investigations and judgments,including the trial-centered connotation,reshaping the value of the investigation relationship with the trial as the center,and pointing out that the trial-centered will strengthen the investigation.The coordination and cooperation between the lawsuits and the supervision and control between the investigations and the investigations have a positive impact on the relationship between investigations and prosecutions.The third part is to draw on the three modes of investigation and separation,investigation and integration,and investigation and investigation.It also evaluates different modes of investigation and finds out the reasonable components,in order to learn from the perfect investigation relationship in China.The last part is to improve China's trial-centered investigation and prosecution mechanism,mainly from the close cooperation of the investigation agency,the establishment of a timely and effective procuratorial guidance investigation system and the strengthening of the public prosecution agency's legal supervision of investigation activities to improve the current investigation relationship.