Research On The Relationship Between Investigation And Prosecution In The Context Of Trial

The basic principle of constitution that our country follows in adjusting the relationship between investigation and prosecution is: Division of labor and responsibility,mutual cooperation and mutual restriction.However,in judicial practice,due to the influence of "investigation centralism",the power of investigation organs is expanding constantly,and the legal supervision of procuratorial organs is weak,which makes the investigation stage play a decisive role in the whole criminal procedure.The stage of examination,prosecution and trial is only the certification and supplement of investigation results,which is difficult to play its substantive role and is not conducive to the realization of judicial justice and human rights Security.The concrete embodiment is:in the investigation stage,the coordination between the investigation organ and the procuratorial organ is maladjusted,and it is difficult to form the joint force of investigation and prosecution.The evidence standards of investigation and prosecution are not unified,which affects the connection of investigation and prosecution.At the same time,the supervision of the procuratorial organ to the investigation organ is not effective,there are some problems,such as the supervision scope of the procuratorial organ to the investigation organ is narrow,the procuratorial organ does not have strong disciplinary measures,and the supervision effect is difficult to implement.In addition,in the process of guiding investigation activities,due to the imperfection of relevant legislation,there are some problems,such as the scope of procuratorial organs' early intervention in criminal cases is unclear,and the time of early intervention in criminal cases is uncertain.Therefore,under the concept of "taking trial as the center",we should change the traditional concept of "taking investigation as the center" and reconstruct the relationship between investigation and prosecution.This paper starts from the improvement of the relationship between investigation and prosecution under the background of "taking the trial as the center",makes an investigation and comparison of the patterns of the relationship between investigation and prosecution outside the country,and leads to the Enlightenment of the patterns of the relationship between investigation and prosecution in the common law system and the civil law system on the relationship betweeninvestigation and prosecution in China.This requires that the investigation organ and the procuratorial organ should cooperate closely,establish the concept of investigation serving public prosecution,unify the evidence standard,pay attention to the protection of human rights,and establish a large prosecution pattern of investigation and prosecution cooperation.At the same time,we should improve the system of procuratorial guidance investigation.The first is to define the scope of procuratorial organs' involvement in criminal cases,the second is to determine the time when procuratorial organs guide investigation activities,and the third is that procuratorial organs should adhere to the principle of moderation in the process of guiding investigation activities.In order to prevent the occurrence of unjust,false and wrong cases,we should strengthen the supervision of the procuratorial organ on the investigation organ,expand the supervision scope of the procuratorial organ,give the procuratorial organ the entity punishment power,and let the legal supervision be implemented.