Investigation On The Mechanism Of Arrest And Litigaion Of Pricuratorial Organ

Since the 18 th National Congress of the Communist Party of China,great changes have taken place in the judicial environment of our country.As a new round of supporting measures for the reform of the internal organs of the procuratorial organs,the reform of the integration of arrest and prosecution has aroused heated discussions in the theoretical and practical circles.The case handling mode of "integration of arrest and prosecution" is not a new thing in China.The advantages of "integration of arrest and prosecution" are obvious,which is not only conducive to improving the quality and efficiency of work and the quality of cases,but also conducive to the supervision and guidance of procuratorial organs on investigation activities,and more to meet the requirements of the reform of the criminal procedure system centered on trial and the practical needs of the reform of the judicial responsibility system.The purpose of this paper is to analyze the rationality and advantages of the mode of "integration of arrest and prosecution" through the in-depth study of the mode of "integration of arrest and prosecution" and the practical experience of the local Procuratorate,to respond to the questions about "integration of arrest and prosecution" and the problems existing in the practice,and to put forward relevant suggestions to make it more suitable for the needs of judicial practice.The details are as follows:In the first part,the author analyzes the background of the change of the relationship between arrest and prosecution in different periods,and further analyzes the development dilemma of the current model of separation of arrest and prosecution.The second part demonstrates the legitimacy of the integration of arrest and prosecution in China from three aspects: the legitimacy of theory and the feasibility and necessity of practice.This paper clarifies the connotation of "the integration of arrest and prosecution" and the ownership of the right to approve arrest,analyzes the influence of "the integration of arrest and prosecution" on the nature of the procedure of examining and approving arrest,and probes into the legitimacy basis of the integration of arrest and prosecution in China theoretically.Combined with the background of judicial reform and the effect of local pilot,this paper analyzes the feasibility and necessity of the integration of arrest and prosecution.The third part focuses on the problems and challenges faced by the mode of "integration of arrest and prosecution" in practice,and analyzes the causes of the risks such as prosecution of arrest and weakening of supervision.In the fourth part,based on the experience of each procuratorate pilot and the opinions of scholars,the author puts forward relevant suggestions on how to promote the effective operation of the integrated case handling mode of arrest and prosecution and how to solve the problems in the implementation.The measures include the substantiation of arrest review,the construction of scientific assessment mechanism to cut off the relationship between the interests of arrest and prosecution,and the promotion of the transformation of arrest litigation,so as to optimize the tense relationship between arrest and prosecution.At the same time of strengthening internal and external supervision mechanism,we should pay attention to the supervision of filing a case to avoid the side effects of arrest and prosecution.