Abstract
The “trinity” linear trial mode of commutation and parole is faced with structural dilemma. The legal supervision of the procuratorial organ in the execution procedure is formalized, and the procuratorial role is marginalized. The proposal of substantive trial of commutation and parole cases puts forward new requirements for procuratorial functions. As the basic path of the “third instance” reform of “examination and approval”, “examination” and “trial”, it is necessary to switch from the “trinity” linear trial mode to the “quasi confrontation mode”. Correcting the cognitive deviation of the legal supervision responsibility of the procuratorial organ in the past, building a procuratorial authority system led by public prosecution, strengthening the public prosecution function of the procuratorial organ, realizing the transformation of “court trial” legitimacy supervision to “pre-trial + court trial” legitimacy supervision in the whole process, and standardizing the objection processing mechanism will help to effectively promote the substantive trial.
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