Investigation On The Mode Of Arrest And Litigation Of Procuratorial Organs In China

Reviewing prosecution and approving arrests is the main function within the procuratorial organs of our country.In different historical periods,these two main functions have experienced a pattern of unity or separation.Finally,it is established as a mode of mutual control and supervision by the supervisory department and the public prosecution department.But in a new judicial environment,whether the model is compatible with new judicial goals has been questioned.At the beginning of 2019,the Supreme People's Procuratorate carried out internal institutional reforms and clarified the mode of “integration of the lawsuit”.The writing of this paper follows the "theoretical basis analysis-the value orientation of the judicial system reform-the comparative study of the two modes-the optimization path of the united model".The article is divided into four parts: The first part is the theoretical basis: First,the nature and content of the rights of public prosecution and arrest are clarified,and the relationship between the two is discussed.Second is the historical evolution and the factors affecting the Arrest and Public Prosecution Mode.The second part is focus on the current situation of arrest and public prosecution mode: from the basis of the setting of the model,to explore its advantages;at the same time,Its biased empirical analysis of the integrated model:Analysis of case data before and after the implementation of the new mechanism in pilot units(including Jilin,Suzhou,and Shanghai).The third part is the analysis of the reasons for the reform:Firstly,it discusses the legitimacy and necessity of the new model.Including: it is conducive to early intervention and guidance,clear implementation of powers and responsibilities,guarantee the quality of cases,improve the efficiency of case handling,facilitate supervision and investigation,and protect human rights.However,there is still a problem with the integrated model,so this section concludes with a discussion of possible problems with the pattern.The fourth part is based on the construction of the integrated model,the article further clarifies the principle of constructing a new model.For the problems that arise in the integrated mode,the article explores the perfect path of the new model.Including Optimizing the neutrality and professionalism of the subject,Reviewing the litigation reform during the arrest phase,Strengthening internal supervision and control,etc.