Research On The Problems Related To The Mode Of Handling Cases In Combination Of Right Of Arrest And Right Of Prosecution

The case handling mode of combination of right of arrest and right of prosecution is a major reform carried out by procuratorial organs in the context of judicial system reform and implementation of judicial responsibility system.It not only provides guarantee for alleviating the contradiction between people and cases and improving the efficiency of litigation,but also has incomparable advantages in the separation period of right of arrest and right of prosecution,which is more conducive to the development of procuratorial power.However,it is a brand-new mode of handling cases,which is not smooth in practice.It also has some disadvantages in the protection of the rights and interests of the criminal suspects,the criminal defense work and the operation of the internal procedures of the procuratorial organs.In addition,the problems such as the dissimilation of arrest function,the confusion of proof standards in the two stages of arrest and prosecution,the difficulty in fully exercising lawyer's rights,and the incomplete distribution of cases after investigation are all included.Therefore,it is necessary to improve the relevant provisions of the mode of handling cases in the combination of right of arrest and right of prosecution,so as to make it more suitable for the current level of social development and the requirements of judicial practice in our country.In this paper,through the analysis of the implementation of combination of right of arrest and right of prosecution,a series of practical suggestions are put forward for the operation of themode.The first is to reform the procedure of examining and arresting,which includes the reform of the procedure of arresting and the improvement of the relief way of the accused.The second is to strictly distinguish the proof standard of the two stages of arrest and prosecution.It is necessary to not only strictly grasp the arrest conditions,but also establish a scientific evaluation mechanism to normalize "no prosecution after arrest".Thirdly,it is necessary to protect the right of lawyers to practice.Based on the useful experience of Germany and Taiwan,it is necessary to improve the relief mechanism and disciplinary measures for infringement of the right of defense while endowing lawyers with limited right to review papers in the process of arrest.Then,the screening and diversion of cases after the end of investigation should be promoted to solve the problem of low efficiency from the root.Finally,the mechanism of public prosecution guiding investigation should be refined to promote the sound development of the relationship between the prosecution and the police,so as to make up for the shortcomings of combination of right of arrest and right of prosecution in practice,so as to maximize its role,so as to achieve the pursuit of protecting the legitimate rights of all parties involved in the proceedings and realizing judicial justice.