Study On The Mechanism Of Procuratorial Guidance Investigation Under The Background Of "Integration Of Arrest And Prosecution"

Procuratorial intervention in the investigation process in advance is one of the ways that procuratorial organs exercise their power of investigation and supervision.The procuratorial organ intervenes in the investigation in advance,and simultaneously supervises the legality of the investigation that is being or about to be carried out.By participating in on-site investigations,auditing and interrogation,participating in case discussions,etc.,guiding investigative agencies to collect evidence in a timely and effective manner in accordance with the law.This helps to improve the quality and efficiency of case handling,and is of great significance in judicial practice.Since2018,the internal institutional reform of "integration of arrest and prosecution" has been implemented nationwide.The "integration of arrest and prosecution" requires prosecutors to "who arrest and prosecute",and prosecutors handling cases are faced with the need to review arrests and initiate public prosecutions.With double pressure,the supervision of investigative activities will be more detailed,and the enthusiasm for intervening in the investigation will also increase.The early intervention of the procuratorial agency in the investigation system is facing new opportunities and challenges.This article starts from the reform background of "integration of arrest and prosecution",through empirical research,comparative research and other methods,deeply analyzes the impact of "integration of arrest and prosecution" on the early intervention of prosecutors in the investigation process,discovers the existing problems,and Make targeted recommendations.This article is composed of three parts: introduction,body and conclusion.The main text consists of four chapters,the main contents are as follows:The first chapter is the theoretical explanation of procuratorial intervention in advance of investigation and "integration of arrest and prosecution.The first section introduces the connotation,necessity and legal basis of procuratorial intervention in advance of investigation;the second section explains the connotation and theoretical controversy of "integration of arrest and prosecution",and analyzes the rationality of the current implementation of "integration of arrest and prosecution".The third section analyzes the positive impact of the reform of "integration of arrest and litigation" on the procurator’s early intervention in the investigation.The second chapter is the main part of the article.It mainly uses the method of empirical research to analyze the current situation of procuratorial intervention in advance of the investigation.Through the search,analysis and summary of online judgment documents and procuratorial documents,the operational effects of early intervention by procuratorial agencies in practice are analyzed.On the one hand,the overall situation of procuratorial intervention in investigations in advance is relatively stable,the number of early interventions has increased,and the intervention work has been intensified and substantive.On the other hand,there are also shortcomings of procuratorial intervention in investigations in advance.For example,the scope of intervention is not uniform,the method of intervention is not uniform,and the supervision rigidity of early intervention is insufficient.The third chapter is a comparative study of procuratorial intervention in advance in the investigation system under different procuratorial-police relationship models outside the territory.The first is the procuratorial intervention and investigation mode under the integrated mode of civil law national prosecutors,represented by France and Germany;the second is the early intervention mode of procuratorial intervention under the separate mode of Anglo-American law systems,represented by the United Kingdom and the United States.Finally,the above two models are compared and analyzed,and the reasonable factors among them are used for reference to provide guidance for the improvement of my country’s procuratorial intervention in advance of the investigation system.The fourth chapter is to provide suggestions for the improvement of my country’s procuratorial intervention in advance of the investigation procedure.The first section is to put forward suggestions from the macroscopic legal and conceptual level,including establishing the working principles of procuratorial intervention in advance,and changing the concept of investigators and prosecutors in handling cases.The second section proposes suggestions on the improvement of early intervention procedures from the specific operational level,such as improving the scope,methods,timing,and work content of early intervention.The third section is to make suggestions for establishing a guarantee mechanism for early intervention,such as establishing relevant supporting measures,strengthening supervision rigidity,and improving accountability mechanisms.