The Impacts On Rights Of Criminal Suspects Under The "Combination Of Arrest And Prosecution Review" Model And Its Countermeasures

In January 2019,the Supreme People's Procuratorate announced the abolition of the Office of Investigation&Supervision and the Office of Public Prosecution,as well as the fully implementation of the "combination of arrest review and prosecution review" model for handling criminal cases.At this point,the reform of the power allocation of the rights to both arrest and prosecution reviews has become a forgone conclusion.Prior to this,except for special criminal cases such as juvenile delinquency and financial crime,China's procuratorates had always implemented the "separation of arrests review and prosecutions review" model.The right to review and approve arrests is different from the right to review prosecution in terms of the nature,objectives,and internal standards.Exercising these two different types of power by different prosecutors helps ensuring the neutrality and objectivity of each procedure,thereby maximizing the protection of human rights for criminal suspects.This is the fundamental reason for adopting the "separation of arrests review and prosecutions review" model.Although procuratorates in various places have considered through experiments that the "combination of arrest review and prosecution review" model has significant advantages in litigation efficiency,it must not be ignored that this model will,to a certain extent,minimize the independent value of the review procedures of both arrest and prosecution,thus prosecutors can hardly maintain neutrality in the procedures which leads to the influence on the rights of the criminal suspects.While fully implementing the "combination of arrest review and prosecution review" model,we should adhere to the principle of protecting human rights and improve the model and its related supporting systems and measures to better protect the human rights of criminal suspects.In order to implement the principle of procedural justice in criminal proceedings,to better protect the rights of criminal suspects,and to ensure that the efficiency of proceedings does not weaken the protection of human rights,this article will analyze the "combination of arrest review and prosecution review" model in light of China's national conditions and point out its impact of human rights.Then,this article will study and reference to the system of safeguarding the rights of criminal suspects in extraterritorial pre-trial detention,so as to bring out a comprehensive litigation reform proposal to improve the "combination of arrest review and prosecution review"model.