A Study On The Relationship Between Criminal Investigation And Public Prosecution In China Under The Vision Of “Trial As The Center”

As one of the core links of the criminal procedure law in China,the relationship between investigation and prosecution refers to the responsibilities of the organs legally exercising the right of investigation and the right of public prosecution in the pretrial procedure of criminal proceedings,aiming at collecting and collecting evidence according to law,identifying criminal suspects and examining criminal responsibility,and deciding whether to investigate or not,between the right of investigation and the right of prosecution,and between the investigative organs and the public prosecution organs.The relationship between distribution and power allocation,and whether the investigation and prosecution can run smoothly directly affect the realization of the purpose and value of litigation.For a long time,China has always adhered to the rigid rule of "division of labor and responsibility,mutual cooperation and mutual restriction" as the relationship between investigation and prosecution.The standard clauses of the Constitution and the Criminal Procedure Law have been fixed respectively to show the adjustment mode and development direction of the relationship between investigation and prosecution in our country.However,from the point of view of literal interpretation,the principle is too concise,and it still has a vacancy of examination and improvement in practice.Between.Therefore,under the topic of "taking trial as the center" put forward by the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China to further promote the reform of criminal procedure in China,this paper points out the proper direction for the development and perfection of the relationship between investigation and prosecution.Therefore,based on the spirit of the Fourth Plenary Session of the Eighteenth Central Committee,we should make an in-depth analysis of the key issues affecting the reform of criminal procedure,that is,the relationship between investigation and prosecution studied in this paper.In examining and perfecting the relationship between investigation and prosecution in our country,only by insisting on "taking trial as the center",thoroughly investigating its practical operation,finding out the problems and analyzing the subjective and objective reasons,can we effectively promote the effective interaction of the relationship between investigation and prosecution,and construct the pattern of big prosecution of both sides of investigation and prosecution.The author believes that,based on the basic national conditions of our country and taking the "trajectory" of criminal justice practice as the direction,we should establish a new mode of Public Prosecution Guiding Investigation in the relationship between investigation and prosecution.Therefore,this paper is divided into four parts,except the introduction and the conclusion.Chapter one of the main body briefly introduces the basic problems of the relationship between investigation and prosecution,including the concept,characteristics and significance of operation of the relationship between investigation and prosecution.The concept consists of two parts: connotation and nature,pointing out that the relationship between investigation and prosecution is the division of powers and responsibilities in the process of investigation and prosecution,and in the process of practical operation of investigation and prosecution organs,aiming at collecting and collecting evidence according to law,ascertaining criminal suspects and examining criminal responsibility and deciding whether to investigate or not.The relationship between power distribution.There are three characteristics: first,the independence of division of labor and responsibility;second,the tightness of coordination;third,the bidirectionality of mutual restriction.For the significance of the operation of the relationship between investigation and prosecution,the author elaborates from three aspects of "human rights protection","litigation efficiency" and "litigation objective".The second chapter is the investigation and analysis of the relationship between investigation and prosecution under the background of "trial-centered".Firstly,the basic principle of "trial-centered" is explained,and the background,the substantive content and the judicial significance of its presentation are analyzed.Secondly,based on the analysis of the current situation of the investigation-prosecution relationship in China,it points out that the current operation of the investigation-prosecution relationship exists the dislocation of the investigation-prosecution relationship,which results in that the public prosecution can not effectively guide the investigation;the unbalance of the power and responsibility of the investigation leads to the over-decentralization of the pretrial procedure and the "crack" of the power tendency in the investigation system.Thirdly,the impact on the relationship between investigation and prosecution is discussed around the "trial-centered" environment of the reform of criminal procedure.Chapter three analyses and compares the foreign investigation and prosecution modes and the causes of formation in order to seek the reference significance for our country.In the exploration of the prosecution relationship between the continental law system and the common law system,we find that there are two types of prosecution relationship models worldwide: one is the "integration of prosecution and investigation" model of the continental law system,and the other is the "separation of prosecution and investigation" model of the common law system.The existence of the two modes is based on the unique historical,geographical,political,economic,cultural and other factors among countries.Under the influence of different judicial concepts and systems,they have formed their own unique modes.Chapter IV is the core chapter of this article.This chapter follows the logical method from shallow to deep.Firstly,through the analysis of the theoretical and practical basis of the investigation guided by public prosecution,and the comparison with the related concepts,namely,the integration of investigation and prosecution,the prosecution guided investigation,the rationality of its existence and development is demonstrated.Secondly,on the basis of rationality,we should set up specific settings for guiding investigation by public prosecution,including the subject,time,scope and mode of guiding.Finally,it puts forward safeguard measures,insists on and ensures the smooth and orderly operation of the new mode of public prosecution leading investigation under the criminal procedure environment of "trial-centered".