Research On The Relationship Between The Subject Of Arrest And Prosecution

The reform of the state supervision system has led to the transfer of the investigation power of the procuratorial organs to the supervisory committee,which has led to significant changes in the internal power structure of the procuratorial organs.At present,the right to approve arrest and public prosecution has become the most important two powers of procuratorial organs.At the same time,the right to approve arrest and the right to public prosecute are two key powers in the criminal pretrial procedure,which play an important role in controlling crime and safeguarding human rights.How to rationally and effectively allocate the right of approve arrest and public prosecution has become an important part of the internal structural reform of procuratorial organs and even the reform of judicial system.Based on the interpretation of the relationship between the subject of the arrest and prosecution,this paper analyzes the "separation of the arrest and prosecution" mode and the "integration of the arrest and prosecution" mode,and gives some suggestions to improve the relationship between the subject of arrest and prosecution.In addition to the introduction,this paper is divided into four parts.The first part interprets the relationship between the subject of arrest and prosecution.Firstly,the connotation of the subject relation of arrest and prosecution is clarified.Secondly,the viewpoints of "separation of arrest and prosecution" and "integration of arrest and prosecution" advocated in the theoretical and practical fields are introduced.Finally,the development process of the subject relation of arrest and prosecution in China is sorted out.The second part analyses the mode of "separation of arrest and prosecution".This part focuses on the analysis of the value of the "separation of arrest and prosecution" model and the existing problems.The mode of "separation of arrest and prosecution" has such values as defining the independent value of the right to arrest,ensuring the quality of the case,maintaining reasonable litigation structure and guaranteeing the exercise of the right to defense.There exist such problems as low litigation efficiency and insufficient investigation supervision.The third part analyses the mode of "integration of arrest and prosecution".This part focuses on the analysis of the advantages and disadvantages of the "integration of arrest and prosecution" model.The mode of "integration of arrest and prosecution" can improve the efficiency of litigation,strengthen the strength of combating crime and strengthen the department interests of the procuratorial organ’s right to approve arrest.At the same time,it also has many drawbacks,such as violating the principle of litigation,easily causing improper use of the right to approve arrest,weakening the objective obligations of the procurator and causing imbalance in the establishment of institutions.The fourth part puts forward some suggestions to improve the relationship between the subject of arrest and prosecution.Based on the analysis of the advantages and disadvantages of the two arrest and prosecution modes mentioned above,it is concluded that the advantages and disadvantages of the "integration of arrest and prosecution" mode outweigh the advantages theoretically.The procuratorial organs should continue to adhere to the "separation of arrest and prosecution" mode.At the same time,in the context of the reality that the procuratorial organs have implemented the "integration of arrest and prosecution",some suggestions are put forward to improve the existing relationship between the subject of arrest and prosecution.Finally,the future relationship between the subject of arrest and prosecution is further prospected.