An Empirical Study On The Relationship Of Investigation And Prosecution In Criminal Proceedings In China

At present,China's criminal litigation field is undergoing a trial-centered litigation system reform.The reform requires investigation and prosecution to face trials and serve trials.The investigation and prosecution activities should be guided by the requirements of trials.Among them,the relationship between investigation and prosecution will directly affect the trial,and directly affect the extent to which the requirements of the trial can be implemented and implemented before the trial.Therefore,the relationship of investigation and prosecution in criminal proceedings is a basic issue.The research idea of this paper is to investigate the investigation and prosecution situation of six provinces in A province,find out the actual problems of the investigation relationship,and then analyze its causes.Finally,according to the requirements of the litigation system of the trial center,the specific scheme of perfecting the investigation relationship in China is proposed.First of all,through the field research in the province A,collect the first-hand data of the investigation organs and litigation organs to handle criminal cases,and analyze the actual situation and existing problems of the investigation relationship in practice.Through the investigation and analysis of the practice data of the province A,it is found that there are very few procuratorial guidance investigations in China's criminal procedure,the procuratorial supervision restricts the investigation behavior,and the investigation relationship is limited to the pre-trial and procuratorial evidence failure.The procuratorial organs are more restrictive of the expansion of investigative power through the file files transferred by the investigating organs and the return of supplementary investigations,which easily leads to many problematic cases eventually going to trial.The investigation relationship shows problems such as excessive dependence on the file and unclear relationship between power and responsibility.Secondly,through the macro and micro aspects,it analyzes the causes of problems in the current investigation relationship.The macro level is mainly reflected in the imperfection of the relevant investigation theory,the difference between the investigation power and the litigation rights.The relationship between China's investigation and prosecution is deeply influenced by the "integration of investigation and prosecution" model in foreign countries,and it cannot fully meet the requirements for the construction of the socialist legal system with Chinese characteristics.The micro level is mainly reflected in the overlap between the procuratorial supervision and the guiding investigation function;the performance appraisal system of the investigation and procuratorial organs is unreasonable,and it is easy to ignore the quality of case handling for performance;at the same time,due to the non-disclosure of the operation of the investigation power,the inspection in China It is difficult for the authorities to discover problems in the investigation process.Thirdly,in the context of the trial-centered litigation system reform,the entity should re-construct the investigation relationship in accordance with the requirements of the trial for procedures and evidence.In terms of procedures,it is necessary to fully perform the regulatory functions of the procuratorate on investigative behavior.In the evidence,it is necessary to ensure that the procuratorate plays a role in the collection and use of evidence by the investigating organ.Finally,under the background of the reform of the trial-centered litigation system,the functions of the investigative organs are precisely positioned to ensure that the investigative relationship plays the most important role under the leadership of the procuratorate,establish the dominant position of the pre-trial prosecutorial organs,and expand the prosecutorial organs to not prosecute.The decision-making power is to tilt the risk of litigation to the investigative organ,so that the investigating organ can bear the risk of handling the wrong case,so as to facilitate the investigative organ to handle the case according to law.At the same time,it is necessary to regularize the inspection and guidance investigation,and ensure that the investigation authorities obtain evidence and the trial can be carried out in an orderly manner under the reasonable guidance of the procuratorate.In addition,it is necessary to extend the investigation relationship to the trial,and ensure that the investigation agency forms a joint force and a defense party to conduct cross-examination in the court,so as to effectively deal with the exclusion of illegal evidence proposed by the defense and ensure that the case is fairly tried.As far as the internal investigation machine is concerned,it is necessary to change the current performance appraisal system,avoid neglecting the quality of the case for performance,improve the threshold of the investigating personnel,and ensure the standard operation of the investigating authority.