A Study On The Operational Effect Of The System Of Arrest And Prosecution In The Perspective Of The Relationship Between The Functions Of Investigation And Prosecution

China’s investigative and procuratorial organs have been carrying out relevant judicial work in the criminal procedure on the principle of "Division of labor and responsibility,mutual coordination and mutual restraint",after years of practice has gradually formed in line with China’s national conditions of the relationship between investigative and prosecutorial functions.At the same time,with the continuous advancement and deepening of several important reforms in the judicial field,the relationship between investigation and prosecution,the right of review and arrest and the right of review and prosecution has changed accordingly.In July 2018,Procurator-General of the Supreme People’s Procuratorate Zhang Jun officially launched his "arrest and prosecution in One" reform initiative,marking the beginning of another major reform process in the field of justice.Since the 18 th National Congress of the Party,a series of major reforms,such as the reform of the supervisory system,the reform of the criminal procedure system centered on trial,the reform of the judicial responsibility system and the reform of the post system of prosecutors,are affecting the relationship between the investigation and prosecution organs all the time,does Not "vacillate" the original related system continues to exist the foundation.Under this background,the system reform of arrest and prosecution has been gradually pushed from behind the scenes to the front,from preparing for the trial to spreading in an all-round way.And the implementation of any system reform can not be separated from social reality,can not be separated from other existing institutional mechanisms and exist independently,therefore,in the course of choosing to study the reform of the integrative system of arrest and prosecution,this paper regards "the relationship between the functions of investigation and prosecution" as a qualifier,and uses the judicial practice data of j province as an argument,the purpose is to make the research results fit the situation of our country and the arguments and suggestions fit the reality of judicature,so as to improve the relationship between investigation and prosecution in our country and promote the reform process of the integration of arrest and prosecution.This article is roughly divided into four parts:In the first part,the author firstly analyzes the model of arrest and prosecution system from the perspective of the relationship between detection and prosecution,and analyzes the legal connotation of the relationship.The relationship between the functions of Investigation and prosecution is not only the relationship between the public powers of the state,the organization relationship between the state organs,but also the criminal procedure relationship closely related to the parties,defenders,participants in the proceedings and other subjects.Then,it explains the operational mechanism of the relationship of detection and inspection functions,and analyzes the factors that affect the relationship,the functional goal of the reform of the system of arrest and prosecution under the relationship between the functions of investigation and prosecution is sorted out from two aspects of the system value and the operation value.The second part,mainly from the perspective of judicial practice on the arrest and prosecution of the promotion of the unified reform was analyzed and summarized.The year 2019 is the first full year for the arrest and prosecution integration,and the data that the author can collect is relatively limited.This article will start from the background of the current judicial reform,from the perspective of the number of people arrested and prosecuted in the national procuratorial system from 2014 to 2019,the rate of surrender and the rate of non-arrest since January 2019,etc.,analysis of the effectiveness of the system of arrest and prosecution.At the same time,this part will also take the judicial practice data of the local procuratorial organ(taking j province as an example)as an example to carry on the empirical analysis from "the insufficiency which exists in the reform process" angle.n the third part,we will analyze the obstacles that affect the operation of the system from different angles,mainly from "the idea obstacle",for example,"the procuratorial work failed to realize the overall and effective guidance to the investigation","the functional connection between the investigation and the procuratorial work under the current time limit for handling cases failed to realize effectively","the trial-centered idea failed to penetrate the functional flow of the investigation and the procuratorial work","the system obstacle",such as "the integration of the main body of arrest and prosecution leads to the unreasonable and mixed use of the standard of arrest and prosecution proof","the integration adjustment of the internal organs within the procuratorial organs leads to the weakening of the function of internal supervision and restriction","the imperfection of the mechanism of fast handling cases leads to the dissimilation of the operational purpose of the function of Investigation and prosecution after the combination of arrest and prosecution","the lack of the construction of the supporting mechanism leads to the weakening of the operational efficiency of the function of Investigation and prosecution","the unevenness of the professional quality of the team of Investigation and prosecution leads to the difficulty in ensuring the operational quality of the function of Investigation and prosecution",etc..The fourth part,the author has carried on the ponder to the detection and inspection function relations field of vision under arrest and prosecution unifies the system movement effect promotion mechanism,this paper also puts forward some ideas of promoting the reform of the system from several aspects,such as "realizing the organic unity of the cooperation of Investigation and prosecution and the guarantee of human rights","balancing the value orientation of the fairness and efficiency of litigation","strengthening the litigation reform of the system of review and arrest under the system of arrest and prosecution under the system","constructing the internal restriction and supervision mechanism of the procuratorial organ under the system of arrest and prosecution under the system of arrest and prosecution under the system of arrest and prosecution under the system of the system of the procuratorial guidance of investigation and case handling".