Research On Relationship Between Investigation And Prosecution Under The Mode Of Arrest And Prosecution

In our criminal proceedings,according to the division of responsibility,mutual cooperation,mutual restriction principle,after a long period of judicial practice,formed between the investigation and prosecution has the mutual cooperation,but also the separation,the restriction characteristic investigation and prosecution relation mode.This model not only strengthens the relationship between investigation and prosecution,but also plays an important role in realizing the power balance between investigation and prosecution organs.The right of arrest and prosecution are two important functions and powers of our country's prosecuting authority.They have experienced the development process of combination separation and combination.During the period of separation of arrest and prosecution,there were many problems in practice,such as fewer case,low efficiency in handing cases,and poor guidance and supervision of investigation by prosecuting authority,it makes the readjustment of power of arrest imminent.July 25,2018,Zhang jun,chief procurator of the Supreme People's Procuratorate,proposed to classify cases into categories and combine arrest and prosecution.December 30,2019,The Criminal Procedure Rules of the People's procuratorates promulgated and implemented define this mode in legal.Based on the dual status of our country's prosecuting authority as both public prosecution organs and legal supervision organs,the integration of arrest and prosecution is bound to have a significant impact on the improvement and development of the investigation and prosecution relations.In foreign countries,the representative modes of the relationship between investigation and prosecution include the integrated mode,separate mode of investigation and prosecution,and the mixed mode.France and Germany,the United Kingdom and the United States are typical of the first two traditional modes,the mixed mode applied in Japan is a compromise mode characterized by unity and separation.At present,other countries that have adopted a unified or separate mode of investigation and prosecution relationship,both moving in the direction of mixed mode.It is of great practical value and theoretical significance to study the relationship between investigation and prosecution under the mode of integration of arrest and prosecution.In judicial practice,in the past,the coordination of investigation and prosecution organs was weak and the supervision of country's prosecuting authority on investigation activities was insufficient,to some extent,it affects the smooth operation of criminal investigation and prosecution related criminal prosecution activities and the realization of the purpose of criminal prosecution.But under the mode of the integration of arrest and prosecution,the country's prosecuting authority in the discovery of facts and the collection of evidence can give the investigation organs reasonable suggestions and timely guidance,this can not only avoid illegal investigation,but also help to strengthen the intensity of inspection and supervision,it also plays an important role in punishing crimes,protecting human rights and promoting judicial credibility.Meanwhile,research on the relationship between investigation and prosecution under the mode of integration of arrest and prosecution,it's also helpful to promote the judicial reform of our country to make greater progress.This paper mainly adopts the methods of literature research,comparative research and empirical analysis,systematically sorted out and explained in detail of the related contents of the investigation and prosecution relationship under the mode of unified arrest and prosecution.Emphatically studied the influence of the mode of integration of arrest and prosecution on the relationship between investigation and prosecution,on this basis,put forward some ideas to further perfecting the relationship between investigation and prosecution in our country.