On The Relocation Of Criminal Prosecutorial Power

In the field of criminal justice,Criminal prosecutorial power belongs to public procurator offices.The allocation of criminal prosecutorial power is affected by the legal culture and political system,and it is constantly adjusted with changes injudicial practice.In the judicial reform of our country,the scope covered by procuratorial organs and the establishment of internal institutions have been in a state of constant change.Starting in 2014,the Supreme People's Procuratorate has selected pilot practices for the reform of the integration reform of arrest and prosecute power in China.Especially since 2015,the number and scope of the experimental units have expanded,and the models have become more diverse.On January 3,2019,the Supreme People's Procuratorate abolished the original Office of Investigation and Supervision and the Office of Public Prosecutions and implemented an integrated case-handling mechanism.On December 2,2019,the Supreme People's Procuratorate formally promulgated the Criminal Procedure Rules of the People's Procuratorate,Article 8 of which clearly stipulated the criminal procuratorial power should be exercised in the unification model of arrest-prosecute power.With the implementation of the reform of arrest-prosecute power,the academia has also begun to pay attention to this issue,but no consensus formed.This article will focus on the reform of arrest and prosecution,analyze the situation and the advantages and disadvantages of the two criminal prosecution functions in the background of "separated arrest-prosecute mode" and "unified arrest-prosecute mode".Moreover,the article will give suggestions on how to better exercise the two procuratorial power of arrest and prosecute in the current situation.There are five parts in this article.The contents of each part are as follows:The introduction includes a literature review.According to the review of the allocation between the power to approve arrest and the power to prosecute,it can be divided into two types:the "separated arrest-prosecute mode" and "unified arrest-prosecute mode".Many scholars have explained the advantages and disadvantages of the twoThe first chapter introduces several models of China's arrest-prosecute relationship since 1978.Beginning in 1979,the allocation of China's criminal prosecutorial power can be roughly divided into two periods:one in which unified arrest-prosecute mode was dominated(separated in special cases)and the other in which the separated mode was dominated(unified in special cases).From 2015,the pilot practices can be summarized into the following three models:the unification of two power which executed by the same prosecutor in the People's Procuratorate of Yuhua District,Changsha City,Hunan Province;the unified mode executed by a whole prosecution team in the People's Procuratorate of Dunhua City,Jilin Province;and the mode of cross-power,and different groups represented by the People's Procuratorate of Dongxihu District,Wuhan City,Hubei Province,are used to exercise the right of wrestling.The reform within the Supreme People's Procuratorate on January 3,2019,and the Criminal Procedure Rules of the People's Procuratorate,which were formally introduced on December 2,2019,have clearly stipulated that criminal procuratorial power should center on the unified mode nationwide.The second chapter discusses the problem in the separated mode.The separation model have the problem of wasting judicial resources,poor supervision,poor case investigation quality,affecting the fairness in exercising the public procuratorial power,and detriment to the protection of human rights.Based on these issues,therefore it is necessary to implement the reform of the unification modelThe third chapter is the debate on the relocation of criminal prosecutorial power in the current reform,mainly about the advantages and disadvantages of the unification model and the separation model in the aspects of litigation efficiency,investigation supervision,guided investigation,unified application of law,and case quality.The fourth chapter is the path of relocating criminal prosecutorial power.The problem existed in the separated arrest-prosecute mode in China can be completely solved by improving the system,and there is no need to build a whole new mechanism.On the premise of the separation of arrest-prosecute power,China should improve the review and approval procedures,the investigation and prosecution connection mechanism,the internal linkage mechanism of criminal prosecution agencies,and the communication mechanism between prosecutors and defense lawyers.