Research On The Early Involvement Of The Procuratorial Organs In The Investigation Under The Integrated Mechanism Of Arrest And Prosecution

The early intervention of my country’s procuratorial organs in the investigation system is inseparable from my country’s economic and social development.It first appeared in the 1980 s,accompanied by "strike hard".After more than 30 years of development and improvement,the connotation and extension of the system have been enriched and expanded,gradually moving from institutional implementation to popularization at the legislative level.With the gradual advancement of my country’s judicial system reform in recent years,especially the implementation of the integrated arrest and prosecution reform in procuratorial organs across the country in 2019,the relationship between prosecutors and investigators has ushered in a new situation.Among them,the change in the system of early intervention in investigations is particularly obvious,but at the theoretical research level The research on this change is insufficient,and the research generally lacks the support of practical data.The author has worked in the criminal line of the procuratorate for nearly ten years.Due to the convenience of the work,I can use real data as research support,which reflects the changes in the early intervention mechanism and the real problems before and after the reform of the integration of arrest and prosecution.Taking the procuratorate of Z county as an example,this paper analyzes the case data from 2016 to 2021,illustrates the changes brought about by the reform of the integration of arrest and prosecution to the procuratorial organ’s early intervention system,and conducts research on front-line prosecutors and investigators.Through interviews and research,combined with the author’s own work experience,an in-depth discussion was conducted on the reasons for the changes in the county’s early intervention in the investigation before and after the reform of the integration of arrest and prosecution.The author found that after the reform of the integration of arrest and prosecution,the number of cases for which the procuratorial organ of Z county intervened in the investigation in advance increased significantly,the crimes involved tended to be generalized,and the application in the review and prosecution stage increased significantly.However,with the changes in the application of the system,problems in practice have also become prominent,such as unclear legislation and imperfect procedural guarantees,which have begun to trouble prosecutors in applying the system.From the perspective of investigators,it will take time for the concept to change.More intervention means more supervision,and the psychology of resistance still exists.The above problems not only affect the operation of the early intervention and investigation system,but also have a negative impact on the judicial reform process.Starting from the current judicial situation in my country,the author examines the extraterritorial experience of the integrated mode of inspection and investigation and the mode of separation of inspection and investigation,and synthesizes the operation of the early intervention system of the procuratorial organs in Z County,and puts forward suggestions for the improvement of the early intervention and investigation system after the reform of the integration of arrest and prosecution in my country..This paper is expected to be a stepping stone for the procuratorial organs to intervene in the investigation and research in advance under the reform of the integration of arrest and prosecution,so that more scholars can pay attention to the problems in this field and put forward more insights.At the same time,the introduction of third-party supervision and the improvement of the judicial informatization level of early intervention and investigation proposed in the article is innovative in theory and is urgently needed in practice.It is expected that the improvement suggestions in the article can be absorbed by practice,so as to realize the reform of the mechanism After the continuous development of early intervention in the investigation.The full text consists of five chapters:The first chapter discusses the origin and concept of the procuratorial organ’s early intervention in the investigation system,and clarifies the development process and specific connotation of the early intervention in the investigation system.In addition,it analyzes the legitimacy of the early intervention in the investigation system,from the aspects of investigation supervision theory,litigation function theory and discusses that the system adapts to the litigation mode of my country’s trial center,strengthens the legal supervision of procuratorial organs,saves litigation resources,and improves the efficiency of fighting crimes.realistic meaning.The second chapter discusses the connotation of the integrated reform of arrest and prosecution,and theoretically analyzes the impact of the integrated reform of arrest and prosecution,specifically from three aspects: judicial concept,power and responsibility restriction,and objective assessment.Chapter 3 sorts out the application of early involvement of the procuratorial organs in the investigation after the reform of the integration of arrest and prosecution in Z county,and compares the early intervention of other procuratorial organs in the investigation,and makes a detailed analysis of the application.The problems existing in the application of the early intervention investigation system were analyzed,and the reasons for the problems were analyzed from three aspects:judicial concept,legal regulations,and target assessment.The fourth chapter investigates and analyzes the extraterritorial early intervention and investigation system,and summarizes the experience and existing problems of the extraterritorial system by studying the German model,the Japanese model,the Taiwan model of my country,the United States model and the British model that separate the investigation and investigation.,learn from the reasonable factors of different models,and seek inspiration for my country’s early intervention in the investigation system.Chapter 5 discusses and perfects the system of early intervention in investigation under the integrated mechanism of arrest and prosecution.In light of my country’s national conditions and the stage of legal system development,it starts from strengthening legislative safeguards,clarifying the rights and responsibilities of procuratorial organs involved in investigations,clarifying the principles of procuratorial organs’ intervention in investigations,and clarifying procuratorial organs’ involvement in investigations.Specific legislative and judicial suggestions were put forward in terms of the scope and method of agency involvement in investigations,clarifying the cooperation obligations of investigation agencies,improving the professional capabilities of prosecutors and investigators,introducing third-party supervision,and providing judicial informatization levels for involvement in investigations.