A Study On The Mechanism Of The Combination Of Arrest And Prosecution Under The System Of Leniency Of Confession And Punishment

In 2018,with the reform of the state supervision system and the transfer of the power of the procuratorial organs to fight corruption and promote clean government to the supervisory committee,the power of arrest and public prosecution of the procuratorial organs became more prominent.The reform of arrest and prosecution relationship has become an important topic to further promote the reform of judicial system.At the same time,in October 2018,the amendment of the Criminal procedure Law was adopted,which formally established the basic principles of criminal procedure——the two-year trial system of "honesty and leniency,lenient sentencing",and the criminal policy of combining leniency with severity was further refined and institutionalized into daily cases.At present,internal organizational reform is advancing steadily.It is of limited practical significance to further study the advantages and disadvantages of combining arrest with prosecution and separating arrest from prosecution.What is more worthy of attention is how the practice circles can give full play to the procuratorial function,improve the efficiency of procuratorial work,especially the new criminal procedure system and the new criminal procedure principle,how to implement the value system of confession punishment with leniency and severity,and the value penalty system with leniency and severity,while avoiding shortcomings is a subject worthy of our careful study and judgment.The purpose of this paper is to analyze the advantages and disadvantages of the unity of arrest and prosecution according to the facts,and put forward some suggestions for optimization.The text is divided into four chapters:The first chapter is an overview of the case handling mechanism under the voluntary surrender leniency system.This paper outlines the functions of the procuratorial organs and their relationship between arrest and prosecution.Its functions include content and value.The relationship between arrest and prosecution of procuratorial organs includes two parts:the history of separation and combination of arrest and prosecution,and the theoretical dispute of arrest and prosecution relationship.The second chapter is the superiority of the system of combining arrest and prosecution.First,this paper takes the chronology city as an example to analyze the empirical data,and compares the current data of arrest and prosecution with the data of separation of previous arrest and prosecution.Through the comparison of prosecution time,investigation guidance and litigation supervision,we can see the advantages of combining arrest with prosecution.Then the advantages of the mechanism are analyzed theoretically.It is believed that this mechanism can help to improve the efficiency and value of cases of forced confessions by torture and help to guide the investigation of cases of forced confessions by torture.The third chapter is the combination of arrest and prosecution under the combination of leniency and severity.This chapter is divided into three parts.The first part introduces the problems that affect the efficiency of procuratorial supervision,mainly reflected in the weakening of case investigation supervision.The second part introduces the weakening of the power restriction of procuratorial organs,which mainly shows the weakening of internal supervision and the abuse of arrest power.The third part introduces the problem of improving the quality of handling cases,mainly reflected in the increased risk of confusion of arrest and prosecution standards,and the increased risk of false and false cases.The fourth part introduces the problem of reducing the defense space.The fourth chapter is to improve the mechanism of handling cases under the combination of leniency and severity.This chapter is divided into five parts.The first part is to perfect the mechanism of supervision and restriction,including strengthening the internal supervision of procuratorial supervision and case management,and expanding the system of people's supervisors.The second part discusses the establislunent of the hearing procedure,including examining the arrest hearing and establishing the guilty confession and punishment hearing.The third part is the protection of the right of defence counsel,including necessity and specific recommendations.The fourth part is to perfect the investigation guidance system,which can be carried out from the aspects of perfecting the link mechanism of public prosecution,perfecting the reasoning of investigation guidance after arrest.and strengthening the communication of non-arrest cases.Institutionalization into daily case handling.At present,the internal organizational reform is progressing steadily.It is of limited practical significance to further study the advantages and disadvantages of combining arrest with prosecution and separation of arrest and prosecution.What is more noteworthy is how the practical world can give full play to the procuratorial function and improve the efficiency of procuratorial work,especially the new criminal procedure system and new criminal procedure principles,how to implement the value system of confession and punishment,and the value of leniency and severity.Penalty system and avoiding shortcomings is a topic worthy of our careful study and judgment.The purpose of this article is to analyze the pros and cons of unification of arrest and prosecution based on facts and make recommendations for optimization.The body of this article is divided into four chapters:The first chapter is an overview of the case handling mechanism under the confession and leniency system.This article outlines the functions of the prosecution and the relationship between arrest and prosecution.The functions of the procuratorate include content and value.The relationship between arrest and prosecution of the procuratorial organs includes two parts:the history of the separation and combination of the relationship between arrest and prosecution,and the theoretical dispute over the relationship between arrest and prosecution.The second chapter is the superiority of the combined arrest and prosecution system.First,this article takes chronological cities as an example,analyzes empirical data,and compares the data on current arrests and prosecutions with data on previous arrests and prosecutions.By comparing the time of prosecution,investigation guidance,and litigation supervision,we can see the advantages of combining arrest and prosecution.Then analyze the advantages of this mechanism in theory.It is believed that this mechanism is helpful to improve the efficiency and value of cases of torture by torture and to guide the investigation of cases of torture by torture.The third chapter is the determination of the combination of arrest and prosecution under the combination of leniency and strictness.This chapter is divided into three parts.The first part introduces the problems that affect the efficiency of prosecutorial supervision by the procuratorial organs,which are mainly reflected in the weakening of supervision over cases.The second part introduces the weakening of the power restriction of the procuratorial organs,which is mainly manifested by the weakening of internal supervision and the abuse of the right of arrest.The third part introduces the issue of improving the quality of case handling,which is mainly reflected in the increased risk of confusion in arrest and prosecution standards and the increased risk of unjust,false and wrong cases.The fourth part introduces the problem of reducing the defense space.The fourth chapter is the improvement of the case handling mechanism under the combination of leniency and strictness.This chapter is divided into five parts.The first part is to improve the supervision and restriction mechanism,including strengthening internal supervision of procuratorial supervision and case management,and expanding the people's supervisor system.The second part explores the establishment of a hearing procedure,including reviewing arrest hearings and establishing guilty confession and punishment hearings.The third part is the protection of the defender's right to defense,including the necessity and specific suggestions.The fourth part is to improve the investigation guidance system,which can be carried out in terms of improving the public prosecution connection mechanism,improving the reasoning for investigation guidance after arrest,and strengthening communication in non-arrest cases.