Research On The Model Of "Combining Arrest With Prosecution" In Procuratorial Organs

Under the background of the current deepening of judicial reform,the procuratorial organs have vigorously carried out the reform of the "combination of arrest and prosecution" mode of handling cases,and made significant progress.At the end of 2018,the Supreme People’s Procuratorate completed the institutional reform,decided to abolish the original investigation and supervision office and the public prosecution office,and implemented a case handling mechanism integrating arrest and prosecution.The reform of the mode of "the combination of arrest and prosecution" has been carried out throughout the country,which is bound to have a significant impact on the procuratorial work.Examining the power of arrest and the power of prosecution are two functions and powers within the procuratorial organs.The so-called "combination of arrest and prosecution" mode of handling cases refers to the transfer of these two powers to the same prosecutor or or the same case handling team.This mode greatly reduces the large number of duplicate papers in the past and greatly improves the efficiency of handling cases by the procuratorial organs.In addition,in this mode,the prosecutor who is responsible for examining and prosecuting intervenes in the case earlier than before,which can better guide the investigation work and further avoid delaying the time of collecting important evidence.At present,our country is carrying out the reform of litigation system centered on trial,and the "combination of arrest and prosecution" mode meets the needs of the reform,and is also conducive to promoting the implementation of judicial responsibility system and the construction of procuratorial professionalization.However,there are still some problems in the implementation of the mode of "combining arrest with prosecution" by procuratorial organs.First,the "combination of arrest and prosecution" may lead to the improper use of the right to review arrest.As an independent authority,the right to review arrest has its own value and evaluation criteria.However,under the mode of "arrest-prosecution integration",the same prosecutor exercises the right to review arrest and prosecution,which may deprive the right to review arrest of its independence,or even become a tool for improper criminal prosecution.Secondly,the implementation of the "arrest and prosecution in one" mode will make the relationship between the right to review arrest and the right to review and prosecute cease to exist,further weakening the restriction mechanism within the procuratorial organs.Finally,the mode of "arrest-prosecution integration" will bring more challenges to the defense lawyers,and to a certain extent,it will hinder the defendants and their defenders to defend effectively.In view of these problems,the procuratorial organs of our country should perfect the mode of "the combination of arrest and prosecution" from the following aspects: Firstly,to implement the Litigation Reform of the procedure of examining and arresting is to embody the equal participation of the investigative organs,the criminal suspects and their defenders in the process of examining and arresting,and to guarantee the "neutrality" of the procuratorial organs as far as possible.Secondly,we should strengthen the restriction on the internal power of the procuratorial organs to prevent the procurators who undertake cases from abusing their power by simultaneously exercising the power of examination and arrest and the power of public prosecution.Thirdly,we should strengthen the protection of the rights of the accused in the mode of "the combination of arrest and prosecution",establish the relief mechanism of the accused in the mode of "the combination of arrest and prosecution",and give the defense lawyers the right to review the papers in the process of arrest.