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以审判为中心的诉讼制度改革强调侦查、起诉活动面向审判,发挥审判在认定事实、适用法律方面起的决定性作用。检察机关贯彻落实这一改革,需要以审判为中心来履行审查起诉职能,强化检察机关审前主导作用,加大案件审前把关力度。在审查起诉时,全面贯彻证据裁判原则,严格依法收集、固定、审查和运用证据。笔者认为,由于法律规定的不完善,侦查机关的某些撤回案件处理具有较大的随意性,有规避程序之嫌。对此,笔者在实证分析的基础上,提出制度完善建议。
The trial-centered reform of the litigation system emphasizes the investigation and prosecution activities facing the trial and plays a decisive role in determining the facts and applying the law. To carry out this reform, procuratorial organs need to perform the functions of examination and prosecution mainly on the basis of adjudication, strengthen the pre-trial leading role of procuratorial organs, and intensify the handling of cases before the trial. When examining and prosecuting, the principle of evidence adjudication is fully implemented and evidences are strictly collected, fixed, reviewed and used in accordance with the law. The author believes that due to the imperfections of the law, some cases of withdrawal of the investigating organ have greater randomness and are suspected of circumventing the procedure. In this regard, the author on the basis of empirical analysis, put forward the system to improve the proposal.