The "Theoretical Seminar on Procuratorate Preventing Bet365 Poker, False and Wrongful Cases" jointly organized by the Criminal Justice and Criminal Policy Research Center of Shandong University and the Zibo Municipal People's Procuratorate was held 2013 year 11 month 16 日 Successfully held in Zibo City。The meeting focused on "The special nature of litigation for procuratorial organs to prevent Bet365 Poker, false and wrongful cases"、Theoretical discussions were held on four topics: "Public Prosecution Discretion and the Prevention of Bet365 Poker, False and Wrongful Cases", "Official Crime Investigation and the Prevention of Bet365 Poker, False and Wrongful Cases" and "Interaction of Investigation, Defense, Prosecution and Litigation Relations and the Prevention of Bet365 Poker, False and Wrongful Cases"。The atmosphere of the meeting was warm，Rich results，And reached consensus on many theoretical issues for the procuratorial organs to prevent Bet365 Poker, false and wrongful convictions。

一、The procuratorial organs have a special position in preventing Bet365 Poker, false and wrongful convictions，Great responsibility，Wide coverage of rights。Therefore, it is of great theoretical value and practical significance to conduct in-depth research and discussion on the issue of procuratorial organs preventing Bet365 Poker, false and wrongful convictions from a theoretical perspective。

二、The particularity of litigation regarding the procuratorial organs’ prevention of Bet365 Poker, false and erroneous cases can be attributed to the following aspects:

1、The basic function of the procuratorial organ as a national legal supervision agency determines that the procuratorial organ’s litigation power runs through the entire criminal litigation process，That is, the procuratorial power can influence and act on every aspect of litigation where Bet365 Poker, false, or wrongful cases occur。This is one of the litigation peculiarities of the procuratorial organs to prevent Bet365 Poker and wrongful convictions。

2、Including power to investigate duty crimes、Right to arrest、Improper or inefficient exercise of prosecutorial power such as prosecution power is closely related to the formation of Bet365 Poker, false and wrongful convictions。

3、It is also important to examine the particularity of procuratorial organs’ litigation in preventing Bet365 Poker, false and wrongful cases from the perspective of judicial human rights protection。We must shift from the past one-way emphasis on the restriction of public power to the trend of litigation human rights protection that combines the restriction of public power with the protection of citizens’ private rights。

4、The causes of Bet365 Poker, false and wrongful convictions are diverse，In addition to the inherent flaws and deficiencies in the torture and judicial system，Improper use of evidence, especially improper use of objective evidence、Insufficient attention is an extremely important reason。

三、To prevent Bet365 Poker, false and erroneous cases, the procuratorial organs must handle the relationship between the legal performance of litigation functions and litigation supervision functions in accordance with the law，Correctly handle the relationship between pursuing efficiency in case handling and accurately determining the facts of the case，Deal well with the relationship between legal effects and social effects。At the same time, we must also attach great importance to system construction，System construction is the foundation for preventing Bet365 Poker, false and wrongful convictions。

四、Looking at the macroscopic causes of Bet365 Poker, false and wrongful convictions，Procuratorial organs also have their own particularities、Agency。

1、The pretrial procedure is the most important stage of litigation when bet365 casino blackjackunjust, false or wrongful convictions occur，The substantial investigation-centered litigation structure in the operation of criminal proceedings leads to the judicial judgment of the public prosecution and judicial organs being highly dependent on investigation files，The evidence collected during the investigation phase becomes the basic basis for prosecution and court judgment。The administrativeization of investigation procedures、Closedness、Utilitarianism and a high degree of autonomy determine the existence of a large number of violations of laws and regulations in the process of obtaining investigation evidence，It is also difficult to detect and exclude them in time during the review of prosecution and trial，The formalism of reviewing prosecutions and criminal trials allows evidence collected during the investigation phase to flow unhindered throughout the proceedings，Includes illegal evidence，And eventually became the basic basis for finalizing the case。The filtering and checking functions of review prosecutions and court trials themselves are greatly reduced，Opens the door for Bet365 Poker, false and wrongful convictions。How to give full play to the supervision and review functions of the procuratorate over the investigative agencies，And ensuring the substantive role of court trials in the formation of judgments from the perspective of public prosecution has become an important litigation direction for the procuratorial organs to prevent Bet365 Poker, false and wrongful convictions。

2、The function of criminal procedure in our country is insufficient、The structural defect of insufficient criminalization function is another macro reason for the formation of Bet365 Poker, false and wrongful convictions。The inversion and alienation of the functions of entry and exit crimes that the Criminal Procedure Law itself should have are major structural flaws in our country’s Criminal Procedure Law，Highlight the insufficiency of sin function、More than enough incriminating function。Even an innocent person once enters criminal proceedings，It is also difficult to escape from criminal proceedings in a timely manner。The criminal procedure in our country is like a production machine for guilty products，Only produce guilty products，The litigation task is finally completed。From the perspective of public prosecution，In the process of review and prosecution, prosecute if the crime is sufficient、Factors such as the prosecution of suspected crimes and the low standard of proof for public prosecutions have led to a certain extent that many cases that should not enter the criminal trial process have entered the trial process，The prosecution pressure during the trial and the formalism in the criminal trial process make the court tend to recognize the prosecution opinions，And ultimately provided a procedural path for the formation of Bet365 Poker, false and wrongful convictions。

3、Abnormal litigation relations between specialized criminal litigation agencies is another macro-level reason for Bet365 Poker, false and wrongful convictions in criminal litigation。Sufficient cooperation、The abnormal relationship between specialized criminal litigation agencies with insufficient restrictions leads to the same direction and goal of litigation among the three agencies，And make the court that is supposed to remain neutral consciously or unconsciously bias the investigation and prosecution agencies，Ignore or even ignore the opinions and evidence of the defendant and his defender。This is the systemic reason for Bet365 Poker, false and wrongful convictions。How the procuratorial organs can play their role in correcting litigation，Maintaining the normalization of relations between my country’s specialized criminal litigation agencies to the greatest extent is the macro-level task of the procuratorial organs to prevent Bet365 Poker, false and wrongful convictions。

4、Improper handling of suspected cases，Suspicious of guilt、Military punishment for suspected crimes has become the basic path for Bet365 Poker, false and wrong cases to occur in our country。Empirical research shows，In our country’s judicial practice, there are nearly50%'s criminal case reached a guilty verdict，The suspicion of guilt has laid hidden dangers for the formation of Bet365 Poker cases。Judging from the initial evidence of Bet365 Poker, false and wrongful cases that have been discovered and confirmed in our country，The original evidence status is that of existing guilty evidence，Another exculpatory evidence，Suspicious case status with conflicting evidence，The legal method of disposal is to make a verdict of not guilty。But the court finally made a guilty verdict，In the end it resulted in an Bet365 Poker, false and wrongful conviction。As far as the prosecution is concerned，Choose to keep the facts unclear、Prosecuting suspicious cases with insufficient Best slot on Bet365evidence to the court is undoubtedly the premise and basis for the court to make a guilty verdict。If there is no suspected prosecution by the prosecutor's office，Of course the court has no chance to make a guilty verdict。Visible，The procuratorial organ’s decision not to prosecute suspected cases in accordance with the law has become an important way for the procuratorial organ to prevent Bet365 Poker, false and wrongful convictions。

5、The inefficiency or even ineffectiveness of our country’s mechanism for discovering Bet365 Poker, false and wrongly decided cases also contributes to the formation of Bet365 Poker, false and wrongly decided cases to a certain extent。The trial supervision and supervision procedures stipulated in my country’s Criminal Procedure Law are less effective in correcting Bet365 Poker, false and wrongly decided cases，Even if the referee makes a mistake in a criminal case，It is also extremely difficult to obtain correction through trial supervision procedures，Unless there are unavoidable reasons，For example, "Return of the Dead" and "Discover the True Culprit"。Wrongful cases discovered and confirmed in recent years，Mainly because the so-called "victim" did not die or the real murderer was found。In addition，Very few wrongful cases have been corrected through the initiation of review and supervision procedures。The inefficiency or even ineffectiveness of the mechanism for discovering Bet365 Poker cases leads to even the occurrence of Bet365 Poker cases in criminal cases，The possibility of being discovered is extremely small，This condones the prosecution of suspected crimes to a certain extent、Occurrence of illegal phenomena such as suspicion of guilt and innocence，In turn, it contributed to the occurrence of Bet365 Poker, false and wrongful convictions。The procuratorial organ serves as the country’s legal supervision agency and public prosecution agency，Plays an irreplaceable role in the process of discovering and correcting Bet365 Poker, false and wrongful convictions。How to ensure the full and effective exercise of the function of the procuratorial organs is also an important focus for the procuratorial organs to prevent Bet365 Poker, false and wrongful convictions。

6、Unscientific evaluation mechanisms of specialized criminal litigation agencies, including the wrongful conviction system、Unreasonable factors have also become a macro-level reason for Bet365 Poker, false and wrongful convictions to a certain extent。Unscientific evaluation system of specialized criminal litigation agencies、The negative impact of unreasonable factors on the entire criminal proceedings is beyond imagination。Since the evaluation system of specialized agencies is directly related to the salaries and benefits of specialized agencies and their staff、Promotion and other vital interests，Litigation that violates the rules of criminal procedure、Making litigation decisions has become a common phenomenon in criminal proceedings。For example, in order to pursue the highest possible guilty verdict rate and spare no effort to ask the court to make a guilty verdict，Including suspicion of guilt、Innocent and innocent。This will inevitably lay hidden dangers for Bet365 Poker, false and wrongful convictions。As far as the prosecution is concerned，Non-prosecution rate in the evaluation system、Guilty verdict rate、The success rate of protest has put great pressure on the guilty verdict in criminal cases，And provide inappropriate litigation thrust for the formation of some Bet365 Poker, false and wrong cases。How to establish a scientific procuratorial organ performance evaluation system that is scientific, standardized, rigorous and in line with the laws and characteristics of criminal proceedings is another important aspect for the procuratorial organ to prevent Bet365 Poker, false and wrongful convictions。

Also，How to protect criminal suspects to the greatest extent from the perspective of the prosecution、The defendant’s effective defense is also an important part of the procuratorial organs’ prevention of Bet365 Poker, false and wrongful convictions。

五、Legal Effect、Social effects and political effects are not on the same level，The basic pursuit of criminal Bet365 Poker cases is legal effects，Legal effects are the core content of criminal proceedings。You can also say，Criminal proceedings first pursue legal effects，The second is to take into account both social and political effects。

Six、From a macro perspective，The key factors currently affecting judicial fairness in our country are judicial administrativeization and judicial localization，Another issue that cannot be ignored is the politicization of justice。

seven、Simply positioning the procuratorial organ as a legal supervision agency will easily cause the criminal Bet365 Poker structure to lose its theoretical legitimacy，The correct approach is to return the basic positioning of the procuratorate to the basic Bet365 Poker positioning stipulated in the Criminal Procedure Law，That is, the basic Bet365 Poker role of the procuratorate Best slot on Bet365in the court trial process is the public prosecution agency of the country，The basic Bet365 Poker function exercised is the prosecution function。

eight、While attaching importance to the role and value of objective evidence，We must also pay attention to the use of subjective evidence in Bet365 Poker。In the process of using subjective evidence to prove the facts of the case，Subject to the following rules and requirements:

1, Suppress the effect defects in the use of subjective Bet365 Poker;

2、Suppression of inappropriate application of subjective Bet365 Poker，Objective and rational evaluation of the value and role of subjective Bet365 Poker；

3、The undue influence of subjective evidence should be avoided during the Bet365 Poker process of self-investigation cases，Establish a comprehensive view of evidence。

Nine、The rational exercise of prosecutorial discretion can promptly terminate the occurrence of Bet365 Poker cases。

1、From the prosecutor’s point of view，The main subjective reasons for Bet365 Poker during the review and prosecution process are: (1) Overconfidence, or thoughts of retribution; (2) The undue influence Bet365 Poker utilitarian view of public prosecution; (3）First impression，Influenced by the ideology of prosecutionism，Good intentions lead to bad things。

2、To solve the above problems，Effectively prevent Bet365 Poker, false and wrongful convictions from the perspective of public prosecution，Need to focus on the following work: (1) Pay attention to the review of objective Bet365 Poker and treat subjective Bet365 Poker rationally; (2) Improve the rules for excluding illegal Bet365 Poker; (3) Attach great importance to and listen carefully to the opinions Bet365 Poker defender; (4) The review and prosecution of major cases implements a confrontational review model，The investigative agency will confront the defendant and his defender to ensure the accuracy Bet365 Poker review and prosecution；（5) Implementing a collective research system for major, difficult and complex Bet365 Poker cases；（6) Implement the reporting system to higher-level procuratorial organs when there are different opinions in major coordinated Bet365 Poker。

十、We must effectively prevent Bet365 Poker, false and wrongful convictions in Internet defamation cases，The key point is to pursue the lawsuit carefully、Work hard on different treatment and improving the review level as much as possible。

Eleven、Off-duty crime investigation、The stages of review, arrest, approval and prosecution are key links for the procuratorial organs to prevent Bet365 Poker, false and wrongful convictions，has its own particularities and regularities in litigation。Ensuring the scientific operation of the three-stage litigation procedure、Normalization、Efficiency is the basic requirement for procuratorial organs to prevent Bet365 Poker, false and wrongful convictions。

Twelve、The effective connection between administrative law enforcement evidence, including disciplinary inspection and supervision evidence, and Bet365 Poker justice evidence，A single change in the subject of evidence collection is not enough to guarantee the objectivity of verbal evidence、Relevance。Also，The revised legislative provisions of the Bet365 Poker Procedure Law only solve the issue of the admission of these evidence，without solving its acceptance problem。

Thirteen、In order to prevent Bet365 Poker, false and wrongful convictions during the investigation of official criminals, we should focus on the following tasks: First，We need to change the concept of investigation，Transformed from the traditional old investigative thinking of “from confession to evidence” to the modern scientific investigation idea of ​​“from evidence to confession”，Also，Proof of litigation that requires great attention to details；Secondly，Effectively prevent the problem of illegal evidence collection。How to ensure the judicial implementation of the illegal evidence exclusion rule is the key to the substantive role of illegal evidence。Again，Attach great importance to the judicial protection of criminal suspects’ right to defense during the investigation of occupational crimes，For example, timely notification of defense rights in accordance with the law，Guarantee the meeting rights of criminal suspects and their defenders, etc.。

Fourteen、Off-duty crimes are currently highly prevalent in our country、Under the current judicial situation where the country has increased its efforts to crack down on official crimes，How to ensure that the investigation of occupational crimes is connected with the revised Criminal Procedure Law，Get rid of the constraints of traditional backward investigation models and evidence collection methods，Improve the scientific methods and means of collecting and using evidence of occupational crimes、Diversification、Standardization has become an important task before the procuratorial organs，It is also an important litigation direction for the procuratorial organs to prevent Bet365 Poker, false and wrongful convictions。

Fifteen、Detection、Control、Bet365 Online Live DealerDebate、The positive interaction between trial and litigation is an important aspect of preventing Bet365 Poker, false and wrongful convictions in criminal proceedings，To achieve positive interaction，You need to pay attention to the following issues:

1、It is necessary to strengthen the guidance and guidance of the procuratorial organs on the Bet365 Poker activities of the investigative agencies from the perspective of public prosecution。

2、The Bet365 Poker-trial relationship is a typical judicial relationship，Must comply with judicial laws，Respect the court’s opinion on innocence。

3、Detection、Control、The relationship between trial and defense is actually the relationship between specialized state agencies and the parties，Lawyers and judges are not "allies"，It is a Bet365 Poker collaboration relationship。

Sixteen、The prevention of Bet365 Poker, false and wrongful convictions is a systematic project，Need to investigate、Control、review、The good interaction between the four defense parties and the full play of their functions，It even requires the efforts of the whole society。

Seventeen、Fully protecting the right of defense of the person being prosecuted, especially the right of effective defense, is of great significance in preventing Bet365 Poker, false and wrongful convictions in criminal proceedings。Inefficient defense or even invalid defense in judicial reality not only worsens the litigation situation and litigation status of the person being pursued，It also contributed to the eventual formation of Bet365 Poker, false and wrongful convictions to a certain extent。

Eighteen、Studying the problem of illegal evidence collection from the perspective of legal linguistics is an important theoretical perspective for us to study the prevention of Bet365 Poker, false and wrongful convictions，has important academic value。