Build The Mechanism Of Minor Criminal Cuspect’s Arrest And Sue

The right of Approval of arrest and prosecution are two important powers of the procuratorial organs.Among them, the right to set the legislative purpose of an arrest, is by having the procuratorial organs of the investigation organ to arrest to apply for a review, to prevent the abuse of indictment, could harm citizens’ personal freedom;Right to Sue the legislative purpose, on the one hand is to examine whether suing to judge the investigation organ legal and necessary, on the other hand is to limit the role of the court of jurisdiction objects and scope, and safeguard the criminal lawsuit accused person will not be easy and illegal shall be investigated for criminal responsibility according to law.About the relationship between the right and the right of public prosecution, an arrest in the theory and practice "catching v. division" and "catching v. unity of two kinds of patterns.Among them, the "catching v. division" model embodies the criminal procedure of the separation of powers theory, procedure justice and human rights protection and so on basic value pursuit;While the mode of the unity of catching v. reflects the efficiency of lawsuit, procuratorial work guiding investigation and prosecution case quality standard unified value pursuit, etc.In recent years, with the minor crime situation increasingly serious in our country, strengthen the protection of minors to become a prominent question in the field of criminal justice.Changes the criminal procedure law in 2012, to strengthen the minors applicable measures for arrest, and add the attached conditions of minors not to Sue system, etc, to implement the policy of "education, persuasion and save" and "education, punishment subsidiary" principle.In addition, along with some local procuratorial organs of exploration and practice in recent years, in 2012 the supreme people’s procuratorate "on further strengthening the decision of the juvenile criminal procuratorial work" has been clear about the set up juvenile criminal procuratorial independence of the policy of the unity of arrest and prosecution.Since then, marked the our country juvenile criminal prosecutions of the unity of catching v. system formally established.Minor cases capture v. syncretic system building, have to carry out to deal with the value pursuit of minor criminal policies and realistic requirement.But at the same time, also to guarantee effectiveness of investigation supervision, arrest and prosecution standards of reasonable boundary points, the reconstruction of the relationship between the prosecutor and police, and the procuratorial organs team construction and working mechanism of ascension and so on proposed the new challenge.In this context, it is necessary through the empirical research, investigation cases of minors "for catching v." operation mode of practice, so as to judge the problems existing in the model, and the improvement of the future path.Based on this, in this paper the author is in an unit to carry out the minors "the unity of catching v work as empirical research object, through comparing the relevant data before and after the pilot reform, attempts to analyze the present situation of the practice of the model reflect the existing problems and put forward reform Suggestions, to the further development of our country juvenile criminal procuratorial work provide intellectual support.