A Study On The Relationship Between Prosecutor And Police Under The Background Of The Trial-centered Lawsuit System Reformation

The Chinese Communist Party Central Committee’s decision on a number of major issues of laws in 2014 put forward “the promotion of the trial centered lawsuit system reform”,emphasized on the investigation,examination and prosecution and trial relationship to adhere to the “trial-centered”,which has a series of effects on the relationship between prosecutor and police.It is mainly aimed at the accurate location and function of the role and target and the effective authority in the process of criminal procedure.In the past two years,in order to realize the reform demand,related departments(institutions)have put forward a lot of innovative measures such as” early intervention” and ”guiding investigation”.After two years of pilot experiment,a lot of regions and relevant departments achieved practice results,which provides high research value for the study of relationship between prosecutor and police.The article is mainly based on the basic principles of the constitution and the “trial-centered”litigation system reform.Then I want to explore a new mode of the relationship between prosecutor and police through comparative study.The full text is divided into four parts.The first part is the introduction,which introduces the the provisions of“trial-centered”.In view of the “trial-centered”,the academic circles have different views on this subject.Therefore,I respectively introduced Professor Long Zongzhi,Professor Sun Changyong and Professor Chen Weidong’s understanding of“trial-centered”.At the same time,I introduce a series of influences on the traditional relationship between prosecutor and police under the background of this reform,so as to lay a proper background of the rule of law for the study on the new relationship between prosecutor and police.The second part is the doctrine of relationship between prosecutors and police under the “trial-centered” litigation system reform which includes "unity of investigation and prosecution" program and the "integration of prosecutor and police" program,“enhanced supervision and restriction mechanism mode”,and so on.Through analyzing advantages and disadvantages of various models,this paper provides a theoretical basis for the exploration of the new model of the relationship between prosecutors and police.The third part is the analysis of practical samples of the reform of the relationship between prosecutors and police under the “trial-centered” litigation system reform,which mainly includes the exploration of the system of "early intervention",the exploration of "the system of listening the views of the prosecutors on major and difficult cases",the exploration of the system of "prosecutor’s office" and so on.Through analyzing specific measures and relevant achievements of the Pilot Project on the reform of the relationship between prosecutors and police in various provinces and municipalities in China,this paper provides practical considerations on the exploration of the new model of the relationship between prosecutors and police.The fourth part is about the basis and goals of setting up a new type of relationship between prosecutors and police under the “trial-centered” litigation system reform.This part of the content as the core of this paper exists,is divided into three sections.The first section mainly analyzes the structure of power setting of procuratorate and investigation organs under the principle of " responsible for the division of labor,mutual cooperation,mutual restraint ".The main contents include the constitutional orientation and analysis of the power structure of the prosecutors and police,the problems of coordination and restriction,and the positive and negative effects arising from the mode of power structure.Through the exposition of this part,this part illustrates the problems existing in the current relationship between prosecutors andpolice and the inevitability of improving the relationship between prosecutors and police.The second section mainly analyzes the basis for the establishment of the objective of the reform of the relationship between prosecutors and police under the“trial-centered” litigation system reform.Through the exposition of this section,we will explain the difficulties and the legal basis to be overcome in our country including the change of concept,the distinction between foreign related modes and the correct understanding of judicial review system,to reform the relationship between prosecutors and police,which provides preconditions for the reform of the relationship between prosecutors and police.This is also the prerequisite for the successful improvement of the relationship between prosecutors and police.The third section mainly expounds the goal of the reform of the relationship between prosecutors and police under the “trial-centered” litigation system reform.This is not only the final conclusion drawn based on the analysis,but also the goals and achievements of this study.Through the explanation of the content of this section,it can provide valuable suggestions and opinions for the reform of the relationship between prosecutors and police in our country.The main conclusions include: the reorientation of the powers and duties of the prosecutors and police;the change of the new type of " working relationship" between prosecutors and police with the core of "intervening and invitations";To promote the procedural sanctions legal system as the goal of achieving substantive oversight;Modernization and informatization construction have effectively promoted the process of improving the relationship between the prosecutors and police and so on.