On The Reform Of The Investigation And Litigation Relationship Under The Background Of Taking Trial As The Center

The trial-centered criminal procedure reform will make a significant effect on the relationship between investigation and litigation.Promoting the criminal procedure reform centred on trial is an important issue brought out by the fourth plenary session of the 18th CPC,which sets up the goal and direction of criminal procedure reform in China.The judicial system reform of taking trial as the center is facing the milestone of history,and the reform of the relationship between investigation and litigation is the unique way for long term stability.This paper discusses it in order to benefit the reform of the judicature.Its purpose is to construct the modern criminal procedure.I interpreted the trial as the center in order to elaborate the background of the reform,capturing the original intention of the institutional designers,and understanding the reform emerged for solving the practical problems.For a long time,our country has formed the center of investigation in judicial practice.Taking the trial as the center is the result of reflecting on the current criminal judicial practice in China,it matches rules of judiciary.It is a significant proposition under specific historical background,and its nature is to rationally locate the functions among investigation,prosecution and trial,establishing a scientific and sound criminal procedure structure.In order to realize the function of fair justice,the trial is the gatekeepers of investigation and the prosecution and the ultimate decision in the case,playing the role of restrictive function of pretrial behavior.Its goal is to play judicial procedure as the final verdict,restriction and guidance function to pretrial procedure.Correcting the three public security organs excessive coordination and inadequate constraint.Its significance is to strengthen the function of the procedure of investigation and prosecution,to guarantee the quality of the cases,to prevent the wrongful and false cases,and to realize the justice of the judiciary.The requirements of the reform on the relationship between the investigation and prosecution are as follows:Under the background of "Taking the trial as the center",We should not only strengthen the cooperation of investigation and prosecution,the public prosecution guide the investigation and the structure of the large prosecution,but also strengthen the supervision of the investigation,which makes it inevitable to construct a new relationship between the investigation and litigation.This paper analyzes the basic connotation,structure and current relationship in China,and points out that the cooperation between public security organs and procuratorial organs is weak,the procuratorial organs are lagging behind in the legal supervision of public security organs,and the relationship between investigation and litigation is misplaced.This paper expounds the profound influence of the trial as the center on the relationship between investigation,prosecution and the relationship between investigation and prosecution.In the end,I put forward the idea of reforming the relationship between investigation and prosecution under the background of trial.We should establish mechanism of public prosecution guiding investigation.In building new type of supervision relations,I put forward to perfect investigative supervision,entrusting the procuratorial organs with substantive disposition rights,exerting the restrictive effect of the trial on the prosecution and investigation,and the system of judicial review,constructing a mechanism environment conducive to investigation and supervision,as well as the supporting measures for criminal justice reform.In the public prosecution guiding investigation,I explained the connotation and significance of public prosecution guidance investigation mechanism,analyzed the principles and legal basis,timing and scope of the case,content and extension and the way of achieving,we will establish the system of public prosecution to guide investigation and the big prosecution.In the construction of new supervision relations,the realization path of investigation supervision is put forward:changing the concept of supervision and carrying out the principle of evidence refereeing in an all-round way.Constructing the procuratorial supervision system of compulsory investigation measures.We should implement the judicial responsibility system and establish the relief mechanism after the procuratorial supervision.Constructing the mechanism environment conducive to investigation supervision:To build a platform for intercommunication between the investigation and prosecution information,the public supervision of the judiciary and the reform of the state supervision system.Coordinate the relationship between the national supervision system and the judicial system,relocate the legal functions of the procuratorial organs,and take the supervision system reform as an opportunity to improve the supervision of the procuratorial organs.The criminal judicial reform measures introduced in the introduction of the criminal evidence law,provisions of the standard of proof of the difference,level of construction of the criminal standard of proof;the construction of legal occupation community,improve the defense security system of lawyers,rely on the lawyers defense force,equality between prosecution and defense,Power is restricted by right.In order to comply with this reform,procuratorial organs should not only strengthen the guiding role,but also strengthen the substantive examination of cases,Meanwhile procuratorial organs should put effort into improving the substantial degree of the investigation supervision.