The Conflict and Adjustment of Investigation-Prosecution-Trial"Mutual Restriction"
Investigation-prosecution-trial"mutual restriction"is the basic principle of criminal procedure,including the relationship among investigation,investigation and trial.The reform of trial-centered litiga-tion system provides an opportunity to restate the investigation-prosecution-trial"mutual restriction".It is necessary to abandon the viewpoints of"abrogation theory"and"modification theory"and to inject vitali-ty into the investigation-prosecution-trial"mutual restriction"from the angle of"interpretation theory"."Mutual restriction"has its profound theoretical origin of power supervision,and it is necessary to clarify the relationship between"mutual cooperation"and"legal supervision"of procuratorial organs.At pres-ent,there are some practical conflicts such as high degree of cooperation between investigation and prose-cution,the unrealized separation of prosecution and trial,and the imperfect reverse restriction mecha-nism.In the trial-centered context,the reverse restriction pattern of trial restricting prosecution and pros-ecution restricting investigation has been formed,and the previous"parallel"restriction pattern has been changed.To adjust the investigation-prosecution-trial"mutual restriction",it is proposed to perfect the reverse restriction mode of trial with a unified standard of proof,to guide the investigation to coordinate the restriction relationship of pre-trial stage,and to clarify the unique position of the defense right to re-strict public power.
mutual restrictiontrial-centeredpower restriction and supervisionstandard of proofde-fense right
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