| With the development of the judicial responsibility system,the prosecutor's responsibility to pursue the implementation of the tenure system,the drawbacks under the separation mechanism of the lawsuit are increasingly obvious.In some areas,the procuratorate piloted the investigation and contraction,with a view to resolving the disjunction of prosecutors in the two stages of arrest and public prosecution.This article takes the practice of “talking for the lawsuit” in the judicial circle as the starting point,and discusses the capture of the lawsuit.It is necessary to refer the right to arrest and the right to public prosecution to the same prosecutor or prosecutor's case-handling team in the same department,and to implement the feasibility of the arrest and prosecution of a case-handling mechanism.The content of this article refers to the history of the right to arrest and the right to public prosecution in China,the current situation of the pilot program of domestic lawsuits,the status quo of the exercise of the right to review arrests at home and abroad,and the controversy over the "collection of lawsuits" in the theoretical and practical circles.With the differences,they were analyzed one by one,and finally came to the conclusion that “capture of lawsuit and unity” as a new thing has its rationality and necessity,and is in line with the actual needs of reform and development in the new era.At the same time,the author put forward personal suggestions on the reality of the pilot area and the existing problems.The application of the mechanism for collecting and handling cases has alleviated the pressure of “multiple cases and fewer people”,and has the natural advantages of institutional design in strengthening investigation and supervision,improving the quality of litigation,and safeguarding human rights.How to further improve and apply it to the maximum Value is worth exploring and studying. |
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