Research On Investigation Should Be In The Context Of Trial Center

The transition from "investigative-centered" to "judicial-centered" requires a long process of gradual change.Especially,the concept of rule of law,investigative mode and evidence-gathering ability of current investigative work are far from meeting the needs of modern criminal justice.This article will take the reform of criminal procedure system as the background,aim at improving the quality of handling cases,analyze the theoretical and practical problems of investigation under the background of the new era,and actively explore the multi-track system path of investigation under the background of trial center.It is worth mentioning that the background of trial-centered refers to that all activities in criminal proceedings should be centered on trial activities and be tested by trial activities around the tasks and objectives of the trial.It does not equate with the foreign litigation mode of trial centralism.The first part makes a concrete analysis of the background and connotation of the reform of the "trial-centered" litigation system,leads to relevant theories and explores their deep meaning and essence.On the premise of sorting out their specific requirements,it introduces and expounds the basic theories of investigation,clarifies what investigation is,and in the context of the trial-centered analysis,the purpose of investigation should be the theory of trial preparation.It also defines that the nature of investigation is essentially judicial power rather than administrative power.In order to provide better guidance for the practical problems of investigation,we should solve the related disputes in theory.The second part combs the problems existing in the investigation work under the background of the trial center,summarizes the challenges faced by the investigation under the background of the trial center,explores the new requirements of the litigation system reform of "trial-centered" for the investigation work,and analyses the problems existing in the current investigation work under this requirement.The specific manifestations are: the concept of investigators is biased,in the process of investigating specific cases,they generally attach importance to substance rather than procedure,etc.In addition,the concept of presumption of guilt has a deep-rooted impact on the thinking and behavior patterns of investigators.The third part puts forward the countermeasures and suggestions of transforming the concept of investigation,perfecting the investigation system,standardizing theinvestigation behavior and improving the investigation guarantee,and actively responds to the reform of the "trial-centered" litigation system.Under the background of the new era,under the traction of the era of big data and information technology,and under the reform of the trial-centered litigation system,the solution of multi-track system is actively sought.To cope with this problem,we should improve the old investigation methods,join in the new ones and seek the integration of the new and old methods,improve the scientific and legal level of investigation,promote the development of investigation and improve the quality of handling cases.Under the background of trial as the center,the research of investigation should focus on solving the problems existing in the investigation practice with a forward-looking perspective,combing the hot issues in the investigation theory,focusing on the investigation practice,and actively responding to the challenges of investigation in the new era,so as to ensure the smooth progress of reform.