The Reform Of The Public Security Criminal Investigation System Under The Background Of "trial-centered"

Nowadays,the national wide implantation of the trial-centered criminal litigation reform has been regarded as a significant element to enforce the spirit from the "Communique of the 4th Plenary Session,18th Central Committee of the Communist Party of China" and to pave the way for further judicial system reform.In the past 20 years,academic discussion in terms of judicial and pro-curatorial disciplines has achieved substantial outcomes from both conceptual research and hands-on practice.As a crucial cog in deepening public security reform,the criminal case handling procedure in the Public Security Organization,is inevitably affected by the trial-centered idea and needs researcher to study and figure out solutions to these corresponding issues.The objective of this article is to analyze the existing trial-centered criminal investigation procedures theory,combined with experience in history and the overseas practice,to shape innovative perspectives:the trial-centered concept inherits the theory of soviet's litigious stage,abandons the long-time leading investigation centralism,emphasizes the importance of trial substantively tally to satisfy the realistic judicial needs,and unifies the standards of criminal evidence between investigation,prosecution,and judgement.Additionally,this article dissects the actual dilemmas faced by the Public Security Organization in the process of handling criminal cases and elaborates the conflicts between their own vision,external framework,state involution,the parties involved,and the treatment of social consensus.This article explores the ways in which the Public Security Organization should propel criminal case reform and extends to the discussion of where the Public Security Organization should position themselves in the new era criminal justice process.To fully realize the goal of trial-centered public security reform,this author has made adequate design from three levels:concept,system and practice.In terms of concept,the first place should be given to deal with the relationship between protecting human rights and combating crime;then attention should focus on the changes of the principles of division,restriction and coordination in the new era;thirdly a balance needs to be achieved between fine judicial and judicial efficiency on the premise of continuing to adhere to the fine style of the Public Security Organization.At the institutional level,the very first issue is to redefine the relations of public security authorities relying on the leadership of the Party,and then to re-establish the labor division and constraints between public security and procuratorate.Finally,it is proposed that the cooperation between the two should be further improved under the restriction of pre-trial and trial stages.At the practical level,it first proposes to implement the concept of trial-centered in the public security reform,and then proceeds with specific cases to explore the reform path of handling criminal cases from the trial centered perspectives.The author addresses the problems in theory,system and practice,and then develops reasonable solutions according to the actual situation.