Research On The Mechanism Of The Integration Of Arrest And Prosecution In Procuratorial Organs

The integration of arrest and prosecution is a case handling mode adopted by the procuratorial organs to adjust their internal functions and powers and integrate the power of examination and approval of arrest and the power of public prosecution.The two powers have the same status in the criminal proceedings,and grow together with the new round of judicial system reform.With the continuous improvement of a series of supporting judicial systems,such as the reform of the judicial responsibility system,the reform of the staffing system and the reform of the trial-centered criminal procedure system,the integration of arrest and prosecution has led the judicial practice and theoretical research to be promoted nationwide with a new look.Up to now,procuratorial organs all over the country have basically completed the reform,but the hot discussion on whether the integrated operation system of arrest and prosecution conforms to the construction of China’s legal system has not been reduced.The continuous reform of the judicial system impacts on the traditional ideas of the personnel and scholars in the theoretical field,and some of them have strong objections.The author thinks that the growth of a new model is not achieved overnight,and it often needs constant reform and improvement of the newly injected power.And anything without reform and innovation will lose its vitality,and so will the system.We should properly adjust thejudicial concept of the transformation of the relationship between arrest and prosecution,and improve it actively,so that the reform of the judicial system can complete the transformation to modernization faster.The mode of integrating arrest and prosecution has been promoted throughout the country for a long time.And different arguments have been gradually proven in practice.However,no matter which mode of operation is adopted,prosecutors need to exercise their functions and powers in strict accordance with legal procedures and requirements.The integration of arrest and prosecution is not a simple combination of these two functions and procedures,nor can we simply think that the unity of arrest and prosecution replaces the separation of arrest and prosecution,in fact,the former optimizes the latter.Under the current situation of the shortage of judicial resources and the lack of judicial supervision caused by the old mode of arrest and prosecution,the goal of saving judicial resources,strengthening procuratorial supervision and training comprehensive procuratorial talents has become an indispensable part of the process of criminal proceedings in the new era.This paper analyzes the existing problems of the two modes in the current judicial reform system by combing the historical evolution of the relationship between arrest and prosecution,and on the basis of clarifying the connotation of the mode of integration of arrest and prosecution and separation of arrest and prosecution.Then,the author makes a response on whether the integrated mode of arrest and prosecution will lead to theindependence of arrest,weaken the supervision function,reduce the quality of handling cases,and reduce the defense lawyers’ defense space.Through summing up the practical data of procuratorial organs in different regions,this paper analyzes the value of the integration of arrest and prosecution,and makes dialectical thinking on its operation.The mode of separation of arrest and prosecution has been practiced for a long time in China,and has a solid foundation.However,the new mode of integration of arrest and prosecution has not been fully mature yet,and its practical effect is not sufficient.The contradictions and conflicts generated in the operation process need to be deeply explored,and the mode should be continuously improved to fit the development of China’s judicial system better.