Research On The Model Of Combining Arrest And Prosecution In Procuratorial Organ

The separate case-handling mode of review and arrest and examination and prosecution is a mature case-handling mode that has been implemented in China’s procuratorial system for many years,which meets the requirements of the social environment and economic development in the early days of reform and opening up.However,with the further development of the social economy,the contradiction between the increase in the number of cases and the shortage of manpower in prosecutorial organs has become increasingly prominent,which has increased the pressure for handling cases and the shortcomings of the arrest and separation model have become increasingly apparent.The specific manifestation is the phenomenon of repeated examination of file materials and homogenization of work contents during the case handling process.Furthermore,China’s procuratorial organs,especially the grassroots procuratorial organs,are severely understaffed in manpower,which increases the pressure for handling cases and consumes a lot of judicial resources.At the same time,as the new round of judicial system reform entered the deepwater area and the tackling phase,reformers put forward new requirements to change the relationship between arrests and prosecutions at the pre-trial stage of criminal investigations.The reform of the integration of arrests and prosecutions came into being.Since the founding of the People’s Republic of China,the arrest and prosecution relationship of procuratorial organs has gone through two modes: the integration of arrests and arrests and the separation of arrests.However,the current mode of integrated arrest and prosecution is not a simple copy of the original one.It is a change in the overall state of the procuratorial system in the context of the new round of judicial system reform.It is a new model from the adjustment of the internal organization of the procuratorial organ to the transformation of the optimization of internal resources.This article takes the definition of the concept of "arrest" and "suit" and the development process of the relationship between arrests as the starting point of argument.It then analyzes the problems that have occurred in the judicial practice in the years when the separation and arrest model has been in operation,to demonstrate the reasons why the separation and arrest model is unsuitable to continue at this stage,and the rationality and necessity of the integration of the arrests and arrests model.It also summarizes and analyzes the experience in the pilot implementation of the model of arrest and prosecution in various places and specific regulations for handling cases,so as to put forward relevant and perfect suggestions for possible problems.This article combines the basic exposition of the connotation of the lawsuit and the inherent logic of the lawsuit reform,and explains the necessity of the reform of lawsuit and arrest from the aspects of alleviating the pressure of handling cases with fewer people and strengthening investigation supervision.The first model has the conclusions of improving the efficiency of litigation,implementing the judicial responsibility system,and meeting professional case handling.Of course,no system can be perfect.Therefore,the author compares and analyzes the operating procedures of the combined arrest and prosecution case management model released in Shanghai and Chongqing,summarizes the similarities and differences between the two in terms of specific operating regulations,and then concludes that the combined arrest and prosecution operation may face review.Apprehended the problems of damaged independent value and weakened internal supervision and control.In view of these problems that need to be prevented,the author puts forward his own opinions on the optimization path of the integrated arrest and prosecution case handling mechanism from the aspects of strengthening supervision,improving the professional capabilities of the prosecution team,and optimizing the specific operational links of the integrated arrest and prosecution mode.I hope that through the analysis of this article,I can deepen my understanding of the reform and integration of arrest and prosecution,and hope that it will help deepen the implementation of the arrest and prosecution integration mode,and meet the requirements of the reform of the judicial system and the modernization of the rule of law.