Study On The Change Of Case Handling Data Under The Background Of "Combination Of Arrest And Prosecution"

In July 2018,the Supreme People’s Procuratorate issued a plan to reform the internal organs of the procuratorate,which is expected to be the breakthrough of the current judicial reform.By reorganizing the case handling institutions,reallocating the case handling resources,and dividing the types of cases,the "combination of arrest and prosecution" mechanism will be implemented.The reason why we choose this system is based on the utilitarian value,through the reduction of procedures to solve the practical problems in judicial practice,such as "more cases,less people",and great pressure to handle cases.However,it is uncertain whether such a way of reducing procedures can meet the actual needs of our country and how the mechanism of "integration of arrest and prosecution" will integrate with the construction of the rule of law in our country.At the initial stage of the application of a system,there will inevitably be a variety of problems.Whether these problems can be solved quickly is the key to promote the process of building a legal society and judicial reform.Based on the judicial practice of Yulin City,the author starts with the working data of the grass-roots procuratorates in Yulin City,and fully observes the construction of the mechanism of "integration of arrest and prosecution".The arrest rate,prosecution rate and other data are compared,and the problems are found and solved from the data changes of Yulin City from 2012 to 2020.Through the data comparison,it is found that there are some problems in the specific application of the "integration of arrest and prosecution" mechanism in Yulin City,such as the alienation of arrest function,the power of public prosecution,the lack of supervision,the lack of right protection and so on.Combined with China’s current judicial reform,post prosecutors,judicial review mechanism and judicial responsibility system,we should build a perfect operation mechanism of "the unity of arrest and prosecution",independent the operation concept of arrest system,and solve the conflict between arrest approval and public prosecution.The author argues that the development of the system needs a number of systems to support,the current conditions for the full implementation of the "arrest and prosecution" mechanism is not mature,we need to go through the path of "incomplete" to "complete" mechanism construction,in order to achieve a smooth transition.Based on this,we can not only solve the long-standing problems of the arrest system,but also solve the problem of the integration of "arrest and prosecution" mechanism and our judicial soil from the perspective of system construction,in order to achieve the goal of optimizing the reform of the rule of law.The empirical data is more convincing than the theoretical hypothesis.The author hopes to put forward constructive suggestions for the integration of arrest and prosecution resources,and provide some reference for the judicial construction of our country,but it needs long-term observation and research.In order to solve the problem of judicial practice,it is controversial to reduce the procedure.The mechanism of "integration of arrest and prosecution" still has the value of continuous observation and research.The specific development details of the system still need to be tested,let’s wait and see.