Further Research On The Mechanism Of The Combination Of Arrest And Prosecution

Chinese judicial reform has gone through a brand new phase for approximately seven years since the Fourth Plenary Session of the 18 th CPC Central Committee was held.The procuratorial system has been seeking a breakthrough due to expectation of the masses and the trend of the time.It’s power of approval of arrest and public prosecution has got a unconventional distribution in terms of case category and exercise subject so that all kinds of problems and conflicts referring to compatibility of judicial reform in the mode of separation of the power above can be settled,guranteeing smooth and efficient progress on the work.In the context of the trend of the times,the Supreme People’s Procuratorate frequently held legal experts’ symposiums,and conducted in-depth discussions on hot topics including the construction of professional case handling mode,comprehensive upliftment of efficiency as well as quality,deeply interior and exterior supervision and restriction.The Supreme People’s Procuratorate ultimately made a significant decision nationwide about new pattern of top ten business,big four procuratorial work,integration of arrest and prosecution in 2019.This paper consists of four parts,in all or so thirty thousand words.Part One describes theoretical basis of arrest and prosecution pattern in China.Chiefly through two aspects front,resorting to defined means,focusing on their respective characteristics,principles,nature and functions,this paper makes a more all-sided exploration,so as to clarify the attributes of procuratorial power.Part Two describes overseas practice exploration and domestic history evolution.In the extraterritorial mode,the most representative of the two legal systems,the United Kingdom,the United States,Germany and France,are selected as the research points.We need to learn from their salutary experience,considering various countries’ reality and institution,particularly our country.Then it combs the Chinese procuratorial reform in the historical span of over half a century so as to grasp the historical laws and respond to the new challenges.Part Three describes the value of integration of arrest and prosecution pattern.This paper expounds on inner value and logic of consolidation and isolation of those power from the dialectical point of view,especially legitimacy and rationality on integration,as well as the response to hidden trouble.Through comprehensive demonstration,the necessity and urgency of reform are affirmed.Part Four describes the optimization of integration of arrest and prosecution pattern.Mostly in virtue of behavior order,monitoring regime and team building,This paper demonstrates far-reaching purport,current imperfection,modified method through relative institution,looking forward to render beneficial proposal.