Research on the Relationship of Investigation and Prosecution from the Perspective of Jurisprudence

【Abstract】Since the reform of the judicial system in China， trial centralism has become a hot topic in the debate between the theoretical and practical circles in China. To this end， we must re-examine the relationship of investigation and prosecution from the perspective of trial-centrism. This paper analyzes the main problems existing in Chinas investigation and prosecution relationship and how to establish a new type of investigation and prosecution relationship， in order to better promote the reform of Chinas judicial system.

【Key words】Trial centralism; investigation and prosecution relationship

【作者簡介】趙騰飛（1990.06-），男，山東臨沂人，青島大學法學院，碩士研究生。

1. The connotation of trial centralism

The trial-centered litigation system， also called trial-centrism， the so-called trial-centrism， that is， the relationship between the various stages of criminal proceedings， the criminal trial stage as the center of the entire criminal procedure， investigation， prosecution， etc. before the trial The procedure is regarded as the preparatory stage of the commencement of the trial process. Only in the trial stage， the legal rights of the participants can be fully safeguarded， and the criminal responsibility of the defendant can be finally and authoritally determined.

2. The current problems in the investigation and prosecution relationship in China

The main problems in Chinas current investigation and prosecution relationship are： the two are mainly cooperation， and the procuratorial organs have insufficient restrictions on investigation behavior， resulting in frequent false and false cases. Chinas “Criminal Procedure Law” stipulates that the procuratorial organs have the power to supervise the investigative activities of the investigative organs. However， in practice， because the investigative function is too strong， the evidence materials prosecuted by the public prosecution agency come from the investigative organ， which makes it difficult for the procuratorate to effectively exercise the supervisory power. According to some investigations， the investigative organs and the procuratorial organs are more cooperative in the actual handling of the case， all for the purpose of combating crime. This purpose is not wrong， but also the power conferred by Chinese law， but This kind of cooperation has been alienated in the process of judicial practice.

3. Build a new type of investigation relationship

In view of the problems existing in the relationship between the police and the police in China， some scholars have proposed to separate the police relations before and after the arrest， before the prosecution， and during the review and prosecution. In order to adjust the relationship between the two， it is necessary to establish a new type of investigation and cooperation relationship.

Establish a detective collaboration. Letting the procuratorate participate in the investigation activities becomes the key to strengthening the cooperative relationship. This can use the procurators with rich legal knowledge， legal literacy and case handling experience to guide the investigation activities and assist the investigators in completing the investigation and evidence collection. Although the police as a professional investigator in the public security organs have rich experience in investigating， there is no doubt that the investigators of the public security organs have a strong concept of investigating the standard， and the legal literacy is relatively low. This strong concept of investigative orientation Undoubtedly will increase the risk of investigation. Therefore， the procurators early involvement in the investigation activities， in order to guide the investigators to collect evidence and prevent the generation of illegal evidence， will undoubtedly reduce the risk of such investigations.

References：

[1]Xia Hong.Invalid litigation behavior research[M].Bei Jing：Chinese Peoples Public Security University Press，2009.

[2]Shen Deyong.The basic direction of the reform and development of criminal justice procedures[J].Recorded in《Peoples court》2014，10，24.

[3]Gu Yongzhong.On the centralism of trial[J].Recorded in《applicable law》，2014（12）.