Study On The Investigation-litigation Relationship In Pre-trial Procedures From A Trial-centered Perspective

The trial-centered litigation system reform focuses on the substantiation of trial activities,emphasizes that investigation and litigation activities should be trial-oriented to fully implement evidence-based judgment rules,establishes stringent statutory certification standards,proposes the principles of action right protection and fair judgment,and stresses the judicial guarantee of human rights.These have all generated positive significance to the pre-trial procedures under the background of traditional investigation centralism.Through questionnaires and interviews,this paper re-examines the problems existing in China’s current criminal litigation mechanism and analyzes their reasons.It points out that the essence of the problems existing in the investigation-litigation relationship is investigation centralism.The investigation-litigation relationship in major extraterritorial countries following the civil law system and the common law system is examined to draw inspiration for the reform of China’s investigation-litigation relationship.Specific suggestions are put forward for the establishment of a new type of investigation-litigation relationship centered on trial.From the perspective of the necessity for establishing the pre-trial procedures as the center and the path of such establishment,the setting up of the new type of investigation-litigation relationship should include the following: In the pre-trial procedures,the public prosecution-led principle should be established,the appearance of investigators in court to testify should be promoted as the behavioral norms,and the pre-trial leading and pre-trial filtering functions of public prosecution should be fully exerted to strengthen the investigation supervision to restrict the investigation power;in non-arresting and non-litigation cases,external control should be actively accepted in a quasi-litigation mode.The Paper gives some new ideas about how to adopt the public prosecution-dominated path in the pre-trial procedures and how to accept the supervision on non-arresting and non-litigation cases in a litigation-style review mode.The Paper consists of four parts.In the first part,the background of the trial-centered litigation system reform is analyzed,including the impact of the trial-centered litigation system reform on the pre-trial procedures and its positive significance.In the second part,questionnaires,interviews and personal analysis are combined to point out the current situation of pre-trial investigation-litigation relationship in the criminal litigation system.The main problems are pointed out,the causes for the problems are analyzed,and the essence of the problems of the existing investigation-litigation relationship is determined as investigation centralism.In the third part,the investigation-litigation relationship in major extraterritorial countries following the civil law system and the common law system is examined to draw inspiration for the reform of China’s investigation-litigation relationship.In the fourth part,specific suggestions are put forward for the establishment of a new type of investigation-litigation relationship centered on trial.The importance for establishing the leading institution in pre-trial procedures is analyzed;and it is proposed that public prosecution should play a leading role in the pre-trial procedures and that the path of such establishment is to establish the investigation as the base of criminal litigation and promote the appearance of investigators in court to testify as the behavioral norms.In the new type of investigation-litigation relationship,public prosecution in the pre-trial procedures should play a leading role so as to comprehensively intervene to guide investigation and strengthen investigation supervision.It is also proposed that in non-arresting and non-litigation cases,external control should be actively accepted in a quasi-litigation mode.The fourth part finally concluded that a unified assessment mechanism for value goals should be established to guide the value orientation with the results of the assessment.