Research On Procuratorial Guidance Of Investigation Under The Background Of The Integration Of Arrest And Prosecution

Since the Supreme People’s Procuratorate clearly proposed the reform of "integration of arrest and prosecution" in 2018,procuratorial guidance and investigation has become an important trend of procuratorial system reform in this context.In practice,the procuratorial guidance of investigation can not only improve the investigation level of criminal cases of the investigation organ,so that the investigation and prosecution organs can effectively undertake the function of complaint,but also ensure the unity of guiding investigation on the basis of integrating the resources of arrest and prosecution,further improve the investigation efficiency of cases,and enhance the enthusiasm and initiative of prosecutors in guiding investigation.However,it should also be noted that with the implementation of the "integration of arrest and prosecution",the procuratorial system is reorganized from top to bottom,and the procuratorial guidance of investigation is also facing many difficulties.Under the background of "the unity of arrest and prosecution",this paper takes the procuratorial guidance of investigation as the research object,based on the current situation of legislation and judicial practice,and discusses the difficulties encountered by the procuratorial guidance of investigation under the new background through research,interviews and other research methods,in order to put forward corresponding improvement suggestions.The main body of this paper includes five parts.The first part,firstly,clarifies the relevant meanings of "integration of arrest and prosecution" and procuratorial guidance of investigation,so as to lay the foundation for the subsequent writing of this paper;Secondly,it discusses the provisions of procuratorial guidance and investigation spirit within the framework of China’s current legal system.The second part analyzes the theoretical basis of procuratorial guidance investigation and builds the legal basis of the mechanism.The third part discusses the difficulties and problems encountered by the current practical departments in combination with the practice of procuratorial guidance and investigation under the background of "the integration of arrest and prosecution".The fourth part investigates the relationship between prosecutors and police and the relationship between arrest and prosecution in extraterritorial civil law system and common law system,in order to learn from extraterritorial practices and provide useful experience for procuratorial guidance and investigation in our country.The fifth part puts forward some suggestions to improve the procuratorial guidance of investigation under the background of the integration of arrest and prosecution,so as to solve the problems in the operation of procuratorial guidance of investigation and make it play a substantive role.