Research On The System Of "Detective And Harmony" And Its Perfection

"Integration of arrests and prosecutions" is an important function deployment of procuratorial organs in a rectification measure in the context of judicial reform in recent years.In the "combination of arrests and prosecutions" system,the main discussions are the power to review and approve arrests and the power to review and prosecute in the statutory powers of the procuratorate.Promoting the "combination of arrest and prosecution" is not simply a combination of the "review and approval of arrest power" and "review and prosecution power" in the statutory powers of the procuratorate.Under the condition of corresponding independent value,the investigation and supervision department and public prosecution department of the procuratorial organ were reorganized into a case handling group as the main body.Two powers are used by the same prosecutor or case team,and the prosecutor or case team is held accountable for the case.The simultaneous reform of the large ministry system and the judicial reform makes it distinctive.The core words for the reform of the "unification of lawsuits" system are limited to "power","subject and responsibility" and "supervision".As the main implementation of the state's procuratorial power,procuratorial organs should re-establish their main functions in accordance with changes in the state's management objectives.Controlling crimes and protecting human rights are the two main purposes of criminal proceedings.From the perspective of controlling crime and protecting human rights,we must establish a new direction for reform.The main purpose of approving the arrest system is to prevent the expansion of investigative power.The approval system is used to ensure the legitimacy of investigative activities and to protect human rights.Establishing and developing a unified system with the right of public prosecution is a contradiction and dilemma in the function setting of the internal organs of China's procuratorial organs.In the context of the latest round of judicial reform,the "combining arrests and prosecutions" case-handling model is leading judicial practice and theoretical research with a brand-new appearance,triggering the grand proposition of whether the reform of the procuratorial power operation mechanism is lawful and governs society.Of deep concern."Integration of arrest and prosecution" integrates the two procedures and two functions of reviewing arrest and reviewing and prosecuting,making them superimposed,turning it into a change that affects the whole body,resulting in the formation of procuratorial work system and mechanism.positive influence.This article analyzes the possible problems of insufficient internal supervision and abuse of arrest right from the perspective of the reform and reflection of the "Arrest of Appeals" under the condition that the pilot of "Arrest of Appeals" has been completed and has been continuously improved in practice,and attempts to propose a system.Perfect path selection.