Reflection And Optimization Of Procuratorial Organ's Case-Handling Mode Of Combination Of Arrest Approval Power And Public Prosecution Power

The procuratorial organ's relationship with the prosecution refers to the relationship between the investigation and supervision function of the procuratorial organ and the public prosecution function.It involves the procuratorial organs' two core powers of reviewing the right to arrest and the right to examine and prosecute,how to perform these two functions fairly and efficiently,and guarantee the effectiveness of power.Being able to play is not only related to the internal power allocation of the procuratorial organs,but also affects the value objectives of criminal justice.First of all,based on the nature of power itself,reviewing arrests and reviewing prosecutions is a review process,but the review of arrest rights is more reflective of investigative supervision and the review of prosecution rights is more reflective of criminal prosecution.Secondly,from the perspective of historical evolution,since the restoration of the procuratorate in 1978,there have been two states of power division and integration in China.This phenomenon reflects the procuratorial organs in the different eras.Efficiency is the focus of the two legal values,but the practice of separation of complaints has become increasingly prominent,including the duplication of work between departments caused by the internal setting of the procuratorate,the inefficiency of litigation,the waste of judicial resources,and the prosecutorial guidance under the separation of police and police.Insufficient investigative capacity,lack of intensity in investigation and supervision,and so on,so there has been a motion to reapply the pattern of case-finding.Any system design and application can not be separated from the context of the times.On the one hand,with the smooth progress of the reform of the anti-corruption and bribery bureau and the anti-infringement infringement bureau of the procuratorate,the public prosecution department returns to the main business and directly affects On the other hand,the two revisions of the Criminal Procedure Law and the vigorous promotion of the post system reform have laid the foundation for the capture of the lawsuit.According to the data feedback of the model pilot situation,this case mode is generally unpredictable and feasible.Power itself has two-sidedness,and any model is not perfect.Therefore,it is necessary to analyze the advantages and disadvantages of the case-collecting case,and explore how to overcome the inherent drawbacks of the lawsuit in the current judicial system.It meets the practical needs of the development of China's procuratorial system.The maindrawbacks of this case are the dissidents of the arrest and contraction,including the alienation of the arrest function,the abuse of power by the prosecutor,the refinement of the prosecutorial function,and the self-risk resolution of the arrest and prosecution in the procedure.This paper believes that it should avoid the thick line return of the traditional case-collecting mode,optimize the mode of collecting and handling cases in the context of judicial reform,give a new connotation to the mode of collecting and handling cases,and overcome the complaints in a targeted manner.The shortcomings of the model of handling cases are to overcome the problem of alienation of arrest function by improving the basis of arrest quality assessment,the corrective mechanism of the prosecutor's review and prosecution stage,and the application of the bail pending trial;preventing prosecutors by strengthening the necessity review of custody and improving the relief mechanism of the arrest decision Abuse of powers;division of case categories to deal with mitigation of case pressure,improve the quality of case handling,coordinate the development direction of procuratorial functions,promote the construction of professional teams in procuratorial organs;adjust the investigation power of procuratorial organs and guarantee the judicial system reform centered on trials The risk of kidnapping prosecution is self-dissolving within the program.This will optimize the pattern of case-finding and case-handling,and promote the scientific development of the procuratorial system.