Study On The Procuratorial Organs' Examination And Prosecution Procedure From The Perspective Of Jurisprudence

The Fourth Plenary Session of the 18th Central Committee proposed that the"trial-centered" litigation system reform should ensure that the facts of investigations,investigations and prosecutions can withstand the test of the law." This standard puts forward a higher level of requirements for the investigation and review of cases.Reviewing prosecution is an intermediate link between investigation and trial activities.From the perspective of the trial center,it is not difficult to find that there are still many problems in the process of reviewing and prosecution in China,such as returning supplementary investigation and high application rate.It is difficult to eliminate the operation of the procedure,the function of reviewing and prosecuting does not clearly divert the case,the lack of internal supervision institutions,etc.Therefore,from a trial-centered perspective,a more in-depth and in-depth study of China's review and prosecution procedures can better resolve the review and prosecution.Related issues in the program.The first chapter of this paper examines the meaning of the prosecution procedure from China.The legislative evolution and the main applicable principles mainly include evidence referee,human rights protection,and trial center,and then analyze the prosecution procedure according to the requirements of the trial center.The second chapter analyzes the current review and prosecution process from the perspective of the trial center,including the supplementary investigation of the return of the investigation case,the application of the review of the exclusion of the illegal evidence,the role of the case diversion and the improvement of the supervision of the prosecution.Explore the background and reasons for the lack of functional review of the prosecution process from this perspective.The third chapter proposes to further explore the basic ideas of the reform of the review and prosecution process in the context of trial-centered litigation reform:to establish and improve the quality control mechanism for criminal case investigation,to refine the specific review operation of illegal evidence exclusion,and to give full play to the case The function of multi-distribution,strengthen the supervision of the procuratorate itself,explore the way of prosecutorial supervision and guidance,and thus achieve the"trial-centered" reform goal.