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

In recent years,to meet the new requirements of China’s construction of the rule of law in the new era,the criminal judicial reform is surging.As one of the contents of criminal judicial reform,the reform of procuratorial system has also been rapidly promoted.Among them,although the prosecution relationship only involves the adjustment of the internal functions of the procuratorial organ,it has also aroused widespread concern in the academic circle.The traditional mechanism model of separation of arrest and prosecution gradually shows its disadvantages in the daily work of procuratorial organs,so it needs to be reformed urgently.In the context of the reform of the SPP’s internal organs,the local procuratorial organs quickly followed up the reform of their internal organs and the prosecution relationship.Catching v.syncretic mechanism is mainly to the right of the people’s procuratorate approved the arrest and prosecution right unify in together,on the same criminal case review,an arrest,to appear in court and case supervision,examination and prosecution investigation supervision,trial and execution supervision,etc.,in principle,by the same department case is dealt with in the same host the prosecutor or the attorney handling group work mode.The reform of the system of integration of arrest and prosecution is controversial both in theory and practice.Opponents mainly focus on the weakening of supervision and restriction,while supporters focus on the implementation of judicial responsibility system.In fact,the reform of the prosecutorial system,which combines arrest and prosecution,is not only beneficial to the improvement of litigation efficiency and case handling quality,but also can reflect its spillover effect in the aspects of reshaping the relationship between prosecutors and police,reconstructing the prosecutorial function and promoting the trial centralism.Of course,the difficulty of defense,formalization and homogeneity,supervision and restriction,accountability and other dilemmas that the mechanism of integration of arrest and prosecution faces in practice also need to be carefully considered and seek solutions.Practice is the life of law.Facing the achievements and difficulties in practice,it is urgent to perfect the mechanism of integration of arrest and prosecution.The mechanism of unity of arrest and prosecution needs to explore and promote the hearing and examination system of criminal cases to be more "sunshine".Reform and establish a reasonable performance evaluation mechanism,more "rationalization";Refine the investigation guidance mechanism,reshape the relationship between prosecutors and police,and achieve "win-win";Strengthen internal supervision and external supervision,realize the "restriction" four aspects of the analysis of arrest and prosecution of the integration of the mechanism of the way to perfect.