Research On The Mechanism Of "the Combination Of Arrestand Prosecution"in Procuratorial Organs

In the context of the reform of the judicial system in the new era,the “integration of arrest and prosecution” mechanism has emerged in the process of procuratorial organs building a scientifically complete and efficient internal institutional system.The adjustment of the internal structure and powers of the procuratorial organs is also a response to the arrest and prosecution mechanism.Explore again.Since the implementation of this mechanism in 2019,it has attracted much attention and controversy from academic and practical circles.However,it faces the current dilemma of shortage of judicial resources,large number of cases and prominent contradictions,low efficiency and quality of case handling,and the “integrated arrest and prosecution” mechanism conforms to the judicial responsibility system.The reform and the need for the reform of the judicial-centric litigation system have achieved good results since its operation,such as improving the efficiency of handling cases,strengthening the function of investigation and supervision,and reducing the rate of detention.However,the“integration of arrest and prosecution” mechanism has led to the collective exercise of the power of appropriation of arrest and the power of public prosecution,which strengthened the joint force of procuratorial powers,resulting in problems in the judicial operation of the procuratorial agency,the application of the evidence system,and internal and external supervision and restriction,such as the weakened neutrality of the procuratorial agency,Issues such as confusion of certification standards,inaccurate positioning of guiding investigations,and increased difficulty of defense.By comparing the regulations of foreign countries on the relationship between arrest and prosecution,we can provide reference experience for improving our country’s arrest and prosecution mechanism,and play the role of “stones of other mountains”.Optimize the“integration of arrest and litigation”mechanism to prescribe the remedy,explore the judicial reform of the review of arrests,strictly distinguish the standard of proof of arrests,improve the supervision mechanism of case handling personnel and case quality,and correctly play the role of guiding investigations to protect the rights of defense lawyers in the investigation stage.Optimize the“integration of arrest and litigation” mechanism in an all-round and multi-level manner to ensure its effective operation to fit the proposition of the era of rule of law construction in the new era.