Research On The Mechanism Of "The Combination Of Arrest And Prosecution"

The reform of the judicial system in the new era requires procuratorial organs to optimize the configuration of procuratorial functions,build a system of internal institutions that conforms to the laws of the judiciary,has complete systems,scientific norms,and operates efficiently.Based on the different attributes of reviewing the judicial nature of the right to arrest and the administrative nature of the right to prosecute,in the process of implementing the "arrest and prosecution unity" mechanism,the unity exercise conflicts with the criminal procedural principles.Observed from the perspective of judicial practice,the "arrest and prosecution unity" mechanism is quite effective in achieving the purpose of litigation,improving efficiency,strengthening supervision,and the convergence of the two laws,and at the same time revealing the situation of enhanced power.From the perspective of practical effectiveness and institutional self-confidence,strengthening the neutralization of the power of review and arrest,and the legalization of the prosecution right,will make the "arrest and prosecution unity" mechanism play more value in the new era.This article consists of an introduction,a text,and a conclusion.The text is divided into four parts.The first part is the historical investigation of the relationship between arrest and prosecution and the analysis of the "integration of arrest and prosecution" mechanism.First,review the operation process of reviewing the right to arrest and prosecute after the founding of the People's Republic of China to understand the practical factors of adopting different practices.Secondly,clarify the definition,types,characteristics,and origin of the "unification of arrest and litigation" mechanism,and understand the essential connotation of the unification of arrest and litigation mechanism.The second part is the research on the theory and normative basis of the "integration of arrest and litigation" mechanism.First,through the study of the relationship between the "capture and prosecution unity" mechanism and the value,purpose,and structure of criminal proceedings,the justification,rationality,and necessity of the "capture and prosecution unity" mechanism are demonstrated.Secondly,through studying the power of prosecution,reviewing the power of arresting and prosecuting the right to prosecute,understand the power base of the "integration of arrest and prosecution" mechanism.Finally,through legislative documents suchas the Constitution and the Criminal Procedure Law,the operation mode of the "arrest and prosecution unity" mechanism is clarified.The third part is an analysis of the effect of the implementation of the "unification of arrest and litigation" mechanism.By observing the practical data of the procuratorial organs in various places,we affirm the positive effect of the "capture and prosecution" mechanism in reviewing arrests and prosecution,improving the efficiency of handling cases and ensuring the quality of cases;These include issues such as the reduction of the neutrality of the power of arrest,the inadequate performance of the power of supervision,and the weakening of the right of defense.The fourth part is the countermeasures for the perfect "capture and prosecution" mechanism.For procuratorial organs,establish a mechanism for reviewing and arresting litigation,strengthen the independent value of arrests,and strengthen the neutrality in reviewing and arresting;strengthen the performance of the supervision function,establish a supervision model that covers both internal and external supervision;Business level.For the defending party,to improve the right to defend at the stage of investigation,the right to defend should be expressed during the stage of review and arrest.