Theoretical Reflection And Practical Value Of The Model Of Combination Of Arrest And Prosecution

With the development of socialist market economy and the rule of law,great changes have taken place in the judicial environment in China: firstly,the contradiction between the number of cases and the number of people is objectively existing and becoming increasingly prominent;secondly,the reform of the litigation system centered on trial puts forward high requirements for the procuratorates to strengthen pretrial procedures,especially to guide investigation and evidence collection;thirdly,after the reform of the judicial responsibility system,the post procurators have implemented the system of lifelong responsibility The change has prompted the procuratorial organs to implement the separation of arrest and prosecution in the past 20 years,and the establishment of internal institutions has changed significantly,which provides an opportunity for the adjustment of the arrest and prosecution mechanism in the new era.In judicial practice,the effect of separation of arrest and prosecution seems unsatisfactory.The repeated investment of limited judicial resources and the accumulation of cases are difficult to deal with,which not only affects the efficiency and quality of handling cases,but also does harm to the protection of human rights of criminal suspects and defendants.Therefore,there is a motion of integration of arrest and prosecution.Separation of arrest and prosecution or combination of arrest and prosecution? There are great disputes between academia and practice.Therefore,on the premise of clarifying the nature of arrest right and prosecution right,this paper defines the connotation and characteristics of the mode of arrest-prosecution integration and arrest-prosecution separation,combs the historical evolution of the relationship between arrest and prosecution,and then focuses on whether the mode of arrest-prosecution integration negates the independence and neutrality of arrest procedure,weakens supervision and restriction,reduces the quality of handling cases,and compresses the defense space of defense lawyers.It shows different viewpoints between academia and practice.If a reform is to be carried out,it should not only have the basis of legal legitimacy,but also meet the needs of judicial practice.On the one hand,"late justice and injustice",efficiency as one of the values of law,its importance is self-evident.In reality,blindly pursuing justice and sacrificing efficiency may also undermine fairness and justice in a disguised way.The combination of arrest and prosecution not only alleviates the realistic contradiction between fewer cases and more ones,but also strengthens the guidance and supervision of procuratorial organs on investigating and collecting evidence,thus guaranteeing the quality of handling cases and safeguarding fairness and justice.At the same time,according to the Constitution and the Organic Law of the People's Procuratorate,the procuratorial organ is the national legal supervision organ.At the same time,the current Criminal Procedure Law stipulates that the procuratorial organ has the right to examine,approve and prosecute in public prosecution cases.It should be said that the procuratorial power of our country has the dual attributes of judicial power and administrative power.It is not only the basic requirement of the current legal norms,but also the reform and innovation of the procuratorial system with Chinese characteristics.On the other hand,judging from the operation effect of the pilot project,the "unification of arrest and prosecution" has played a prominent role in realizing the reform objectives,improving efficiency,strengthening supervision and restriction.In order to promote the sound operation of the mode of arrest-prosecution integration,this paper finally puts forward a series of suggestions on the reform of the procedure of arrest approval,the division of cases,the strengthening of the monitoring of the process of handling cases,the establishment of the relief mechanism of the accused,the perfection of the criminal defense right,and the construction of a comprehensive procuratorial team.