On The Reform Of The Investigation Centralism

As a major flaw,the investigation centralism has seriously hindered the progress of Chinese criminal justice reform movement.In order to contribute to the reformation of investigative centralism,this article aims at clarifying its content and operating mechanisms,thereafter,exploring the future direction of the reformation from the perspective of the files and transcripts.Meanwhile,this article takes a step further from the files and transcripts to offering alternatives through the relationships among the police,prosecutors and courts;the purposes of criminal proceedings;and the acceleration of "de-administration".This research finds that,under investigative centralism,the investigative agencies could steer the judge towards adopting the files and transcripts for judicial judgments by using relevant measures to ensure that the files and transcripts effectively convey the intention of conviction.These files and transcripts contain,transmit,and actualize the investigative agencies' intention of conviction,which expand the channel for the investigation centralism to implement the principle of presumption of guilt;strengthen the mutual cooperation among the police,prosecutors and courts;and steer judges to make guilty judgments.Therefore,from the perspective of files and transcripts,the following measures are needed to reform the investigative centralism: Firstly,establishing a sense of external force to restrict investigation;distinguishing the prosecutorial guidance from the prosecutorial supervision;and improving the right of defense lawyers to intervene in the investigation,so as to strengthen external restrictive forces and restrain the intention of conviction contained in the files and transcripts.Secondly,categorizing the files to be transferred and rationalizing the regulatory procedures,whereby optimizing the file transfer mechanism to restrain the intention of conviction from being transferred by the files and transcripts.Thirdly,limiting the admissibility of the files and transcripts and prohibiting the abuse of criminal prosecution activities to threaten witnesses and defenders,from which improving the court hearing systems and restraining the files and transcripts from actualizing the intention of conviction of the investigative agencies.