An Analysis Of "The Unity Of Arrest And Prosecution"Case-handling Mechanism Of The Procuratorial Organs In China

The relationship between arrest and prosecution is a fundamental theory for the reform of the procuratorate.Dealing well with the relationship between arrest and prosecution can optimize the allocation of functions,and better Chinese procuratorial practice.Therefore,"the unity of arrest and prosecution" and "the separation of arrests and prosecution"have always been the focus of academic debate.In the past ten years of judicial practice,the mechanism of "the separation of arrests and prosecutions" has increasingly revealed the disadvantages including repeated review and ineffective supervision.The mechanism of "the unity of arrests and prosecutions" is just in line with the institutional reform and functional transformation.In 2013,the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China made plan on comprehensively deepening reforms,and explicitly proposed"deepening the reform of the judicial system and accelerating the construction of a fair,efficient and authoritative socialist judicial system."In 2014,Shanghai,Guangdong,Hubei and other seven provinces began the pilot reform of "the unity of arrest and prosecution",which has achieved good results on improving the rate of closing cases,and it has gradually been carried out throughout the whole country."The unity of arrest and prosecution" is an important part of Chinese"trial-centered"judicial system reform.It is a self-renovation of the procuratorial organs and is related to the development of Chinese judicial system.By analyzing its theoretical basis,value and advantages,this article shows that it coordinates with the essence of litigation and national conditions.Additionally,in view of the problems that may arise during its operation,this article puts forward suggestions on how to protect human rights and strengthen supervision to provide feasible reform methods for procuratorates.This article is divided into six parts,which studies the theoretical value of the "the unity of arrest and prosecution”mechanism,and puts forward its possible problems and corresponding solutions.It is hoped that in the context of the new round of judicial reform,it can exert its maximum functions,integrate judicial resources,improve judicial efficiency,serve the judicial system.The first part of the article analyzes the nature of the right,which is the basis of analyzing the relationship between arrest and prosecution.Then,starting from the connotation of the lawsuit,the existing problems and trending of the two modes of handling cases at different historical stages are explained.The second part of the article,based on the judicial reform,demonstrates the feasibility of "the unity of arrest and prosecution".First of all,it points out that the judicial inefficiency caused by the "the separation of arrest and prosecution" model,such as disconnection between investigation and prosecution in the case.It is the primary reasons for the current round of judicial reform.Secondly,it demonstrates the legal basis of the"unity of arrest and prosecution" mechanism,ensuring its operation within the legal framework.The third part of the article analyzes the entities and procedures to show the advantages of "the unity of arrest and prosecution".It plays a positive role in safeguarding the right of defense of criminal suspects and speeding up case processing,and can effectively connect investigation,arrest and prosecution.The fourth part of the article responds to the current critics about "the unity of arrest and prosecution",refuting the misunderstanding that it is "unity of function or procedure".It is clear that the unity of arrest and prosecution is a redistribution of the functions of the procuratorial organs without denying the independence of any stage.Focusing on the contradictions between theory and practice,the fifth part analyzes the problems that may be encountered in practice.Combining the above arguments,"the unity of arrest and prosecution" is in line with Chinese national conditions and is a general trend.Based on this,measures to improve the unity of arrest and prosecution are proposed in the sixth part of the article.Giving full play to its advantages of "less arrest,careful arrest" and improved efficiency to strengthen supervision and protect the defendant's rights at all stages.At present,the biggest problem with "the unity of arrest and prosecution" is how to unify,what kind of changes should be made in content and form,how to maximize the balance between entities and procedures,and how to release more reform dividends though reasonable system design.