Research On The Mechanism Of Procuratorial Organs’ Handling Of Lawsuit Resources Integration

The procedure of review and arrest and the procedure of review and prosecution are two important functions of procuratorial organs in supervising criminal justice.The two procedures are undertaken by the department of investigation and supervision and the department of public prosecution,respectively.They play an important role in fighting against and prosecuting criminals,supervising the power of investigation,and guaranteeing human rights.The procuratorial organs in China have been abiding by the criminal prosecution mode based on the “separation of arrest and prosecution” over a long period of time.However,the mode already causes a series of problems that cannot adapt to the existing procuratorial work,such as low quality of handling cases,low efficiency of lawsuit,and inadequate supervision.To perform the functions of arrest and prosecution in a fair and efficient way,the reform of the relationship between arrest and prosecution implemented by procuratorial organs in Jilin Province was selected as the object of study.In accordance with the theory and practice of the original case-handling mode centering on the “unification of arrest and prosecution”,a case-handling mechanism based on the “resource integration of arrest and prosecution” was proposed as a criminal prosecution model to solve the existing problems caused by the “separation of arrest and prosecution”.In the first part,by analyzing the nature and content of the function of investigation and supervision and the function of public prosecution,the development of their relationship during the reform of procuratorial system was discussed,and their inner difference and connection were clarified;In the second part,the existing relationship between arrest and prosecution in China’s procuratorial organs was analyzed.The focus was on the feasibility analysis of the proposed case-handling mechanism based on the “resource integration of arrest and prosecution”;In the third part,the significance and function of the proposed mechanism in institutional guarantee,operation effect and practice were comprehensively expounded in accordance with the practical exploration of procuratorial organs in Jilin Province as well as the concept and characteristics of the proposed mechanism;In the fourth part,suggestions were provided to further improve the proposed mechanism and design its blueprint by using seven methods,i.e.strengthening the path exploration of supervising prosecution,designing the rules and process of handling cases scientifically,standardizing the investigation guided by procuratorial organs,promoting the de-administration of judicial case handling,integrating the working mechanism based on the “separation of complex and simple cases” organically,setting reasonable mechanisms and indicators for assessing criminal cases,and making long-term plans for improving criminal procuratorial functions.