Research On "the Unity Of Arrest And Prosecution"

With the vigorous development of socialist market economy,the judicial environment of our country has changed a lot,firstly,the frequent occurrence of information technology crimes,trans-regional crimes and various simple economic cases makes the contradiction between the procuratorial organs with more cases and fewer cases increasingly intensified;secondly,under the reform of judicial system centered on trial,the procuratorial department and the public security department should form a good interaction relationship,and the procurator should strengthen the investigation and guidance to the public security organ in the pre-trial procedure;thirdly,under the dual influence of post system and judicial responsibility system,the pressure of handling cases by prosecutors has greatly increased,and the responsibility system for cases should be implemented for life.In the judicial practice,the procuratorial organ has carried out the "separation of arrest and prosecution" mode for more than 20 years,but the effect is not satisfactory,tedious and repeated handling of cases,resulting in the case is difficult to be dealt with in time and the waste of judicial resources.Therefore,the procuratorial organs have changed the previous mode of handling cases under the increasingly prominent shortcomings of the "the separation of arrest and prosecution" mode and the thorough promotion of judicial reform,combining the investigation and supervision department with the public prosecution department,the case handling mechanism of "the combination of arrest and prosecution" is reappeared in the stage of procuratorial system.However,from the short-term judicial practice and academic concerns about this model,we can find that the "the combination of arrest and prosecution" model has some problems,such as the impairment of the prosecutor’s objective obligation,the mixed standards of arrest and prosecution proof,the weakening of the supervisory status of procuratorial organs and the lack of comprehensive quality of procuratorial team.In order to solve these problems effectively,this paper will try to put forward some suggestions from four aspects: changing the concept of prosecutor handling cases,solidifying the level of proof standard,establishing diversified supervision mechanism,and building professional team of prosecutors,so as to promote the mechanism of "the combination of arrest and prosecution" to play more functional value.