Research On The System Of Combination Of Arrest And Prosecution In China

With the deepening of the reform of supervision system and judicial responsibility system,the procuratorial organs’ investigative power of professional crime has been transferred comprehensively,forcing the re-plastic reform of the internal procuratorial organs.In order to meet the requirements of the construction of rule of law in the new era,it is imperative to reform the internal structure and function allocation of procuratorial organs.In the process of the reform of the procuratorial system,the positioning and relationship between the right to arrest and the right to prosecute have attracted wide attention both in theory and practice.In March 2018,the whole procuratorial system put forward the suggestion of implementing the model of "the combination of arrest and prosecution" on the issue of "the relationship between arrest and prosecution".That is to say,the investigation and supervision department and the public prosecution department within the procuratorial organ should be united,and the right of arrest and prosecution should be exercised by the same department in order to realize "improving the quality of handling cases,ealizing the important objectives the litigation economy,establishing procuratorial guidance for investigation,and Investigative Service for trial".In this regard,some provincial and urban procuratorates have carried out pilot work on the mechanism of "the combination of arrest and prosecution".After many investigations and considerations,in February 2019,the Supreme People’s Procuratorate promulgated the Procuratorial Reform Work Plan 2018-2022,which clearly pointed out that it was required to optimize the allocation of procuratorial functions in an all-round way and implement the mechanism of arrest and prosecution as one.Since then,the working mechanism of "integration of arrest and prosecution" has formally returned to the historical stage.Of course,the presentation of a new system and model needs not only theoretical system as the basis,but also judicial practice as the support.Therefore,from the perspective of the legitimacy basis and operational dilemma of the "arrest-prosecution integration" model,this paper will state the relevant content,and put forward some suggestions on the construction and improvement of the model.The article is mainly divided into four parts:The first part: reviews the historical evolution of China’s arrest-prosecution relationship,explores the reasons for the establishment of the arrest-prosecution relationship from the "combination of arrest and prosecution" to the "separation of arrest and prosecution" model,and then to the re-establishment of the "combination of arrest and prosecution" model,weighs the advantages and disadvantages of the "separation of arrest and prosecution" and the "combination of arrest and prosecution" mechanism,and then explores France,Japan and the United States from a comparative perspective.The relationship between arrest and prosecution in foreign countries and other regions,and the logic and common law behind its system are rethought.The second part: elaborating the theoretical basis of the relationship between arrest and prosecution of procuratorial organs in China.Starting from the nature of procuratorial power,this part discusses the relationship between the investigative and supervisory functions of procuratorial organs and the public prosecution functions in litigation,so as to further analyze qualitatively the power of examination and arrest and the power of examination and prosecution,and to seek the theoretical basis for the application of the mode of "combination of arrest and prosecution".The third part: Starting from the background of the current judicial system reform with "trial as the center",combining with the deep promotion of the judicial responsibility system reform and the majority system reform,it analyses the legitimacy and feasibility of implementing the "integration of arrest and prosecution" working mode,as well as the value and advantages of its operation,and examines and analyses the current predicament of the "integration of arrest and prosecution" mode.The fourth part: from the perspective of the dilemma of the breakthrough mechanism,with the experience of some provinces implementing the reform of "integration of arrest and litigation",we should extract the essence and discard the dross,put forward rationalization proposals for the operation of the model,and design the scheme from the technical level,so as to put forward reasonable proposals for the construction and further improvement of the mechanism of "arrest and prosecution".