| According to the provisions of Chinese law,the power of approval of arrest and public prosecution shall be exercised uniformly by the Procuratorate.Before the Supreme People’s Procuratorate put forward the “unification of arrest and prosecution” mode in 2018,the “separation of arrest and prosecution” model was widely adopted throughout the country.But the judicial environment in China has undergone great changes in recent years.First,the reform of the litigation system of the "Center" has put forward higher requirements for the Procuratorate.The Procuratorate should strengthen the pre-trial procedures,especially guide the investigation and obtain evidence.Second,the Judicial Liability System has changed.The prosecutor has implemented a life-long responsibility system to strengthen judicial responsibility.Third,after the reform of judicial staff management,to a certain extent,the contradiction of "many cases but not many people" in the Procuratorate has been exacerbated,and the pressure for handling cases has increased.However,the "separation of arrest and prosecution" model cannot be applied to these changes,and the disadvantages are becoming increasingly prominent.In view of this,in order to adapt to the development of the times,Procuratorate has begun new exploration in the relationship of "arrest and prosecution".This measure has caused huge controversy in the academic community.The opponents criticize "unification of arrest and prosecution" mode from the perspective that we should independently exercise the power to approval of arrest,while the supporters hold the view that the "unification of arrest and prosecution" mode can improve the efficiency of litigation and reduce judicial costs.In fact,the "unification of arrest and prosecution" mode is not a new measure.At the beginning of the restoration and reconstruction of the Procuratorate,due to the special time background,we took the "unification of arrest and prosecution" mode to handle criminal cases.Therefore,whether a judicial system is to be reformed should be analyzed in conjunction with the specific judicial environment and social background.And the "unification of arrest and prosecution" mode has been implemented in entire country till now,so,it is no longer necessary to discuss whether "unification".Therefore,the article is written on the basis of insisting on the "unification of arrest and prosecution" mode to analyze this case management mode.First of all,the relationship between the power 0f approval of arrest and public prosecution should be clarified,including the different nature of the two powers,and China’s regulations on the two powers,and we should comprehend the basic connotation of "unification of arrest and prosecution" in a correct way.Secondly,in combination with the practice of Procuratorate,including the case-handling data and so on,and it will analyze the achievements and problems in practice.Thirdly,every new reform will encounter many obstacles.The proposition of "unification of arrest and prosecution" mode has been questioned by many academics.It is mainly a criticism of "unification" from a theoretical level.However,it is not a combination of powers.It only involves the division of internal functions of the Procuratorate.Finally,it proposes suggestions for existing problems to help the Procuratorate to handle cases and promote the "unification of arrest and prosecution " mode. |
