The Perfection Of Investigation Work Under The Background Of "Center On Trial"

Under the influence of “Investigation centrism”,the criticism of the leading judicial investigation has been controversial.With the operation of the original investigation mode of the public security organs,issues such as extorting a confession by torture,wrongful leave and wrongful case gradually became a transition from the original investigative model.After the advancement of trial-centered litigation system reform was proposed,its intention to investigate reforms with trials was obvious,and the transition of investigative models was imperative.Grasping the direction of litigation system reform,clarifying the purpose of the reform and its impact on investigations is of great significance to the transformation of research investigations.Based on the perspective of investigation work,this article analyzes the background of "Center on Trial" and its requirements for investigation work.It seeks the basis for the transformation of domestic investigation work by comparing the similarities and differences of the investigation methods outside the field,and puts forward specific transformation paths.The specific ideas are as follows:The first part mainly analyzes the background and connotation of the trial.Through the analysis of the background of " Center on Trial ",the author points out the necessity of the " Center on Trial " litigation system reform in the three aspects of fraud,wrongfulness,rights protection,and judicial credibility.Regarding the interpretation of the connotation of "Center on Trial",on the basis of summarizing the research results of predecessors,the author analyzes the differences between " Centeron Trial " and "Court Trial Centered" to discuss the essential characteristics of "trial centered on trial".Structurally and substantially refined.The second part is to find the right combination of trial centering and investigation work.The focus of the trial is on the structure of the litigation,and it seeks to correct the existing investigative centralism and clarify that due diligence under the background of the trial can provide guidance for the transition path.The author analyzes the investigation work corresponding to the macroscopic and microscopic levels,and discusses macroscopically the issue of constraining the investigation by the judicial organs and the issue of one-way inspection authority;microscopically discusses the evidence collection of investigations and the evidence standards and defenses.The rights and investigation methods are described in three aspects.The third part mainly explains the necessity and feasibility of the transformation of investigation in our country.In analyzing the necessity of the investigation work,through the analysis of the two traditional concepts of the guarantee of rights and due process,the traditional concept is revealed: the suppression of the power of the investigation power.In addition,the reform of the litigation system with " Center on Trial " also urgently needs the transition of investigative work in order to meet the requirements of the trial power over the right to investigate.In terms of the feasibility of the transition of investigative work,the author analyzes it from three aspects:policy,law,and extraterritorial experience,providing theoretical support for the transition.The fourth part focuses on the shortcomings of domestic investigations and seeks solutions.Investigate the investigation concept and the collection of investigation evidence,optimize the investigation work,strengthen the supervision and restriction mechanism,and build an adversarial investigation working mechanism through strengthening the rights of investigation objects.