The Perfection Of The System Of Combining Arrest And Prosecution In Procuratorial Organization

"Arrest" and "Prosecution" which play an important role in the controlling and filtering of the legal circulation of criminal cases,are the two functions of the Chinese prosecutorial organization,and carriers of the supervision of criminal proceedings.With the changes of the time and the advancement of various reforms,the prosecutorial organization have changed the originally implemented mechanism of separation of arrest and prosecution into the combination of arrest and prosecution,in accordance with the changes of the environment,which has aroused great concern and research discussion in the theoretical and practical circles.At present,the combination of arrest and prosecution has been fully operated in the procuratorial system.Practice has proved that compared with the previous separation of arrest and prosecution,the combination of arrest and prosecution has played a huge role in improving the quality and efficiency of criminal proceedings,strengthening investigation guidance and optimizing procuratorial functions.At the same time,in the operation of the mechanism of the combination of arrest and prosecution,the phenomenon of rising rate of arrest,declining quality of non-prosecution,and lack of internal supervision deserves attention and vigilance.Therefore,how to give full play to the advantages of the mechanism of the combination of arrest and prosecution and how to solve the existing problems with perfect supporting measures,have become the difficulties of practice and the focuses of theoretical research.According to the characteristics of the mechanism of the combination of arrest and prosecution,referring to the practical operation of procuratorate in County J,Province G,the author puts forward some suggestions,such as establishing the correct idea of arrest and prosecution,strengthening internal supervision,improving the quality of investigation,and exploring self supplementary investigation,etc.,in order to give some advices and benefits.The paper is divided into four parts:The first part introduces the functions of "arresting" and "procesution" respectively,and makes a comparative analysis,and clarifies the connotation of he mechanism of the combination of arrest and prosecution;The second part introduces the historical evolution of the relationship between arrest and prosecution,analyzes the different views of the theoretical circles on the mechanism of the integration of arrest and prosecution,and then puts forward the rationality of the implementation of the mechanism according to the changes of the current procuratorial environment;Through the data comparison and work practice of the reform of procuratorate in County J,Province G,the third part finds out the achievements and problems of mechanism of combining arrest with prosecution in perspective of practice;Based on the theory and practice,the fourth part aiming at the shortcomings and potential risks that have been exposed in the mechanism,some suggestions are put forward to improve the mechanism so as to promote the fair and efficient operation of the mechanism.