The academic circles have not carefully traced the historical background of the legislation of division of labor and responsibility,mutual cooperation,and mutual restraint. Based on the practical understanding of the judicial operation of the Police,Procuratorate and Court,the work process has been labeled as "streamlined". With the progress of the management of criminal unjust,false and wrongful cases,streamlined operations have been further described by the theoretical community as investigation-centralism. The Police,Procuratorate and Court have the basic attributes of complex systems. Based on complexity factors,the autonomous operation of the three agencies in criminal judicial practice has become a typical pattern in criminal judicial procedures. Using complex scientific theories to analyze the nonlinear,collaborative,holistic,and self-organizing relationships within and between Police,Procuratorate and Court will help understand the essence of this principle,eliminate bias in academic circles,and promote the legalization of criminal procedures in China. For the trial-centered approach,the key points for the self-consistent and orderly operation of the relationship between the three agencies lie in the transformation of investigation from the main force to the auxiliary force,the adjustment of the view of the purpose of criminal litigation,and the change of the status of the three agencies. An effective path for the transformation of the relationship between the three agencies is to establish the purpose of criminal litigation as dispute resolution,reshape the power structure and cooperation model between the three agencies,innovate the assessment mechanism,and form a reverse working mechanism for the three agencies to ensure accurate and effective enforcement of the law and achieve trial center.
关键词
复杂系统/公检法机关/流水作业/侦查中心/以审判为中心
Key words
complex system/police,procuratorate and court agencies/streamlined operation/investigation-center/trial-center
万方数据