On The Perfecting Of Procuratorial Guidance Investigation System Under “Integration Arrest And Prosecution”

The procuratorial guiding investigation system has existed in practice for many years,and has achieved remarkable results in improving the efficiency of handling cases,ensuring the quality of cases and exerting the function of investigation supervision.In 2019,the Supreme People’s Procuratorate issued the 2018-2022 Work Plan for Procuratorial Reform,calling for the establishment of a system whereby public security organs listen to the opinions and suggestions of procuratorial organs when handling "major,difficult and complex" cases,affirms the years of practical value of procuratorial guidance in investigation.In the same year,the Supreme People’s Procuratorate clarified that local procuratorates should implement the case handling mechanism of "integrating arrest and prosecution",thus the reform of "integrating arrest and prosecution" nationwide was basically completed.After the reform of "one arrest and prosecution",the situation that the procuratorial organs were in charge of the examination and approval of arrest and the examination and prosecution of each section during the period of "separation of arrest and prosecution" was changed.The same prosecutor or the same case handling group was responsible for the examination,approval,arrest and prosecution of cases,and the investigation guided by the approval and arrest was transformed into the investigation guided by the arrest and prosecution together,thus enhancing the joint force of criminal procuratorial power.To study the system of prosecutor-guided investigation under the background of "integration of arrest and prosecution",we should first clarify the influence of the reform of "integration of arrest and prosecution" on prosecutor-guided investigation.Although there are hidden dangers of examination,arrest and prosecution,weakening of internal supervision,and weakening of investigation supervision,it still plays a promoting role in improving the quality and efficiency of evidence,reducing the case-to-case ratio,and reducing the rate of investigation withdrawal.On the whole,the benefits outweigh the disadvantages.However,the further development of prosecutor-guided investigation under the new reform background has been hindered by the continuous problems in theory and practice for a long time.Through sorting out,it is found that the theoretical disputes mainly exist in four aspects: first,the substantive disputes,namely,whether prosecutor-guided investigation is reasonable in non-"integration of prosecution and police " countries;The second is the nature of the dispute,for a long time,the function of public prosecution,investigation and supervision,comprehensive theory of the different words,no final conclusion;The third is the legal dispute,whether prosecutor-guided investigation in the legal provisions of the principle of expression can be as its legal basis;The fourth is logical dispute,whether investigators need procurators to guide professional investigation activities.There are three main practical problems: first,the content of procuratorial investigation is not specific,for example,the scope of cases is not clear,the time of intervention is not certain,the way of intervention is not specific,the degree of intervention is not consistent,and so on.Due to the broad content and weak operability,disputes occur frequently in practice in various places.Secondly,the time lag of procuratorial investigation often leads to poor intervention effect.Finally,the insufficient rigidity of guiding investigation supervision makes investigation supervision become a mere formality.In order to make the procurator-guided investigation system give further play to its advantages under the new situation,the following suggestions are put forward in view of the above problems: First,it can avoid the risk of "arrest and prosecution as a whole",strengthen the supervision of inspection and investigation,and prevent the hidden dangers mentioned above from becoming a practical problem;Second,the relationship between prosecution and police can be constructed to provide suitable development soil for the system of prosecutor-led investigation.The third is to refine the specific content of inspection guidance investigation,improve the operability of practice;Fourth,open up the channel of information sharing between the police and the police,starting from the two aspects of the police and solve the problem of lag of guidance time caused by information barriers;Fifth,by strengthening the rigidity of investigation supervision,the opinions of procuratorial guidance in investigation will be put into practice.Through the above suggestions,the procuratorial guidance investigation system under the background of arrest and prosecution to further play the advantages of the system,to solve the practical problems.