Research On The Integration Of Arrest Approval And Public Prosecution

With the reform of judicial system entering the deep area,the change of the relationship between arrest and public prosecution is not only related to adjustment of the internal organs of procuratorial organ,but also related to the scientific operation of procuratorial power.Comprehensive implementation of the trial-centered and judicial responsibility system provides a good operating environment and system support for the Integration of Arrest Approval and Public Prosecution,especially in the context of the Prosecutor Personnel System and the Anti-corruption agency and the Anti malfeasance Bureau transfer National Supervisory Commission,which weakens procuratorial organ's case handling power and investigation power.It is particularly urgent and important to reintegrate procuratorial power in order to seek its own position and seek a steady improvement in authority of procuratorial power.Under the background of reforming the judicial system,the implementation of the Integration of Arrest Approval and Public Prosecution mechanism is feasible because of its solid theoretical basis and legitimacy.It is an inevitable choice to improve the efficiency of litigation and quality of handling cases,ease the contradiction between the number of cases and prosecutors,and realize the optimal allocation of judicial resources.Since the beginning of 2019,when the Integration of Arrest Approval and Public Prosecution was formally implemented nationwide,it has have a great impact on investigation,pre-trial detention rate and criminal defense.From the perspective of judicial practice,although it effectively solves the shortcomings of the separation of arrest approval and public prosecution,such as the poor investigation effect,arrest approval kidnapping prosecution and weakening investigation supervision.There are also disadvantages such as improper exercise of the right to approve arrest,short-term difficulties for prosecutors adapt to the requirements of new mechanism,and lack of supervising procuratorate.Based on analysis of characteristics of the right to approve arrest and prosecute,this paper sorts out the development history of relationship between approving arrest and prosecuting in China,explores the reform background andlegitimacy of the Integration of Arrest Approval and Public Prosecution,and makes positive analysis for the implementation of this mechanism in combination with the current situation of operation.Aiming at the problems existing in operation of the mechanism and combining with judicial practice of our country,it puts forward suggestions such as connecting arrest to prosecution efficiently,the need for judicial hearings on arrest and detention,and strengthening supervision on arrest and public prosecution;In order to maximize the expected function of new mechanism,we need to improve relevant supporting systems,such as assessment mechanism and the decision-making assistance mechanism,by improving the evaluation and supervision system of procuratorial organ and the Joint Meeting System of Prosecutors,we hope to solve the specific problems in judicial practice with the mechanism and make it more effective.So that this mechanism can be scientifically operated for a long time.On the basis of meeting the law of litigation and operation requirements of procuratorial power,it can ensure a dynamic balance between litigation efficiency and substantive justice.