Btheoretical Thinking And System Optimization Of “The Combination Of Arrest And Prosecution”

The function of reviewing prosecution and approving arrests are given to the same prosecutor or the same group of handling a case in the case handling mode of “integration of arrest and prosecution”.It’s a second breakthrough of the internal institutional reform and function adjustment of prosecutorial organization.It’s the prosecutorial organization’s new thinking of the relationship between the reviewing prosecution and approving arrests.The returning back from the “separation of arrest and prosecution” express the prosecutorial organization’s courage of self-denial.Prosecutorial organization is essentially legal supervision organization in the system of national power.The prosecutor taking charge of the case handle a case under the legal supervision and supervise a case when handling it.On the one hand,it can prevent the investigative organization from abusing their authorities to infringe the legal rights of suspected offenders.On the other hand,it can duly balance the quality and effectiveness of case handling through effective leading investigation.The reform,in the big way,has a high political position and comply with the situation of the reform of national supervision system,turning devolving to an opportunity.It adapts the high requirement of evidence in“centralism of judicial power” mode and seeks development.It strengthens the prosecutor’s responsibility in the case handling responsibility system.The reform,in particular,properly connects the requirement of putting the system of “plead guilty and be lenient” to all processes of handling case,reflecting the present historical inevitability of the choice of “integration of arrest and prosecution” mode.Of course,there is a risk of reform.Accompany with the two separate function integrate to one organization,we have to think over the possible corruption result from the ineffective supervision to the centralized power and the overhead of independence of approving arrests through prosecution purpose in procedure which alienate approving arrests to merely means of obtaining evidence.So,on the one hand,prosecutorial organization should guide the investigative organization,in the sight of prosecution,to establish the evidence system of proving crimes in the stage of approving arrests.Prosecutorial organization should also improve the quality of investigation and prevent the arbitrariness of investigation,being a good guard of law.On the other hand,prosecutorial organization should strictly review the condition of the necessity of arrests,introduce external supervision of hearing officer,improve the system of hearing in approving arrests,give the defense the ability to essentially participate the “prosecutor session” and the right of accessing to remedies.Prosecutorial organization should assure fair judicatory in pursuing judicial justice.