A Research On Judicial Risks And Some Reforming Ways Of One Prosecutor’s With Two Powers By Deciding Preventive Detention And Prosecuting In China

With thedevelopment of the judicial reform,the inner institutional reform,saying combining the rights of arrest and prosecution of the procuratorate,as well as unifying the two rights to a certain team of handling cases or a certain procurator,is also appearing and blooming.In the academic circle,research results of the rights-combination system are sufficient,ant at the mean time arguable opinions exist:some scholars believe the two rights,arrest and prosecution,are definitely different in nature and not allowed to confuse.While some others hold positive attitude,because they think disadvantages of this kind of combination could be avoided by means of system design.In the practical circle,some procurators,basing on the reality of judicial practice,believe the combination is a reasonable choice which is line with the national condition.The procuratorate could unify efforts according to right operation of combining arrest and prosecution,which is advantageous to supervise the investigation stage,standardize and guide investigation,and improve efficiency and quality.Some local procuratorates has started to the trial work of combining rights.However,when agreeing with the reasonability of the combination,people should also admit its flaws,which should be analyzed and overcome with pertinence and then provide guarantee for the system exerting its advantages.