Research On The Combination Of Arrest And Prosecution Under The Leniency System For Confession And Punishment

In 2018,the state supervision system reform,the self-investigation power of the procuratorial organs in anti-corruption and anti-crime cases was stripped,and the status of the right to arrest and public prosecution in the procuratorate was further highlighted.The reform of the relationship between the prosecution and the prosecution became an important issue in the judicial system.At the same time,in October 2018,the amendment to the Criminal Procedure Law passed,and the two-year the leniency system for confession and punishment was officially established as a basic principle of criminal proceedings.Under the background of the leniency system for confession and punishment which becoming the new basic principle of criminal procedure,how to improve the new integration mechanism is very important.In this paper,we based on theoretical analysis,put forward suggestions for improving the existing problems,and hope to provide suggestions for the improvement of the merging of arrest and prosecution.The full text is divided into five parts,about 38,000 words.The first part is the introduction part,which briefly introduces the source of the topic,the theoretical and practical research value,the main research methods,the classification of the previous literature and data.The second part is an overview of the merging of arrest and prosecution.It mainly introduces the functions of the investigation department,the functions of the public prosecution department,and the procuratorial organ's relationship.The functions of the investigation and supervision department are the supervision of criminal cases,the review and arrest,and the supervision of investigation activities.Their functional contents reflect the power restriction,due process,and human rights protection value.The functions of the public prosecution department are to examine and prosecute,initiate public prosecution or decide not to prosecute,stand up for public prosecution,investigation and trial supervision,and reflect the value of litigation supervision,diversion cases,and safeguarding justice.Whether it is the investigation and supervision function or the public prosecution function,it reflects the procedural justice and the protection of human rights in China's procuratorial power.Throughout the development process of China's procuratorial organs,different modes have been applied to the allocation of the two internal institutions of " reviewing arrest " and "public prosecution" in different historical periods.The third part is the advantage of the merging of arrest and prosecution under the leniency system for confession and punishment.It is carried out from the two aspects of the data.This paper analyzes the case handling data of the confession and punishment cases under the two kinds of case handling mechanisms.According to statistics,after the the merging of arrest and prosecution,the period of review and prosecution was 20.4 days,the case handling cycle was shortened,and the efficiency was improved significantly.At the same time,the prosecutor achieved positive impact in guiding police obtain evidence through investigation.Under this system Procuratorate digging out potential criminalsFrom the above data,it can be concluded that under this system,the prosecutor has a more comprehensive understanding of the criminal facts,evidence and the application of the law at the arrest stage.When the case enters the review and prosecution stage,they only need to focus on reviewing new evidence materials,avoiding repeated reviewing report that will maximize the efficiency of power operation.Moreover,due to the combination of functions,prosecutors have the motivation to continue reviewing case and organic links have been established between the case flows to avoid unnecessary pending of the case.Therefore,the combination of arrest and prosecution mechanism is helpful to improve the efficiency value of the system of confession,recognition and punishment from the perspective of shortening the review and prosecution time limit and avoiding waste of the investigation and detention period after arrest.After the combination of arrest and prosecution,when the party is ready,the prosecutor can and will have the motivation to make restitution or mediation at the stage of examination and arrest which benefits the agreement of reconciliation.This has brought into play the core value of the leniency system of confession and punishment,and the prosecutor has more comprehensive consideration of whether arrest is applicable,more thorough examination of the necessity of detention,and closer supervision of the duration of criminal detention.Under the mechanism of the combination of arrest and prosecution,prosecutors have a consistent grasp of the case,maintaining the continuity of the transmission of evidence standards;it helps to form a stable and lasting microscopic contact channel between prosecutors and police.In addition,prosecutors who intervene in the investigation in advance are bound to change their concept of handling the case and guide the investigation department to obtain evidence with higher standards.Furthermore,prosecutors who combine arrest and prosecution can predict the risks of cases in advance,which is of great importance to the reform of the litigation system centered on trial.Therefore,the combination of arrest and prosecution mechanism helps to guide the investigation of confession and punishment cases in terms of ensuring the effectiveness of investigation after arrest and improving the effectiveness of early intervention.The implementation of the judicial responsibility system and the response to the substantive requirements of the trial meet the requirements of judicial reform.The fourth part is the problem of the case-handling mechanism of the combination of arrest and prosecution under the lenient system of confession and punishment.It mainly comes from three aspects: weakening the power restriction mechanism of prosecutors,increasing the risk of case-handling quality,and new challenges in the adaptation of prosecutors' capabilities.The weakening of the prosecutor's power restriction mechanism is reflected in the weakening of the internal and the external supervision mechanism: After the reform of the integration of arrest and prosecution,the case-handling supervision between the original investigation supervision department and the public prosecution department are also no longer existed.Especially for cases of confession and punishment,prosecutors have great discretion in terms of arrest and non-arrest,prosecution and non-prosecution,leniency range,etc.,and the risk of corruption rises abruptly.Increase the risk of case-handling quality is mainly reflected in the confusion of the proof standard of arrest and prosecution and the increased risk of miscarriage of justice.After the integration of arrest and prosecution,in order to avoid the situation that prosecutors cannot prosecute cases that they approve of arrest,they will unconsciously converge the proof standard of arrest approval to the proof standard of public prosecution.In addition,under the erroneous case-handling idea of “trust only one side” by confessions,cases of confession and punishment are more likely to result in negligence in collecting objective evidence and in judging verbal evidence,thus causing miscarriages of justice.The new challenges in the adaptation of prosecutors' capabilities are mainly reflected in the challenges in the pace of handling cases and the challenges in the capability of case-handling.At the same time,the same undertaking prosecutor may have both arrest approval cases and prosecution cases,both criminal cases of confession and punishment and major and complicated cases,which requires the undertaking prosecutor to adapt to both the "precision" of prosecution and the "fast pace" of arrest approval,not only to grasp the handling efficiency of confession and punishment cases,but also to ensure the quality of major and complicated cases,and to constantly switch between different "channels",thus the rhythm of priorities is difficult to grasp.The fifth part is the improving action of the case-handling mechanism under the system of confession,punishment and leniency.It is mainly launched from three aspects: improving the supporting system of the case-handling mechanism of the combination of arrest and prosecution,improving the supervision and restriction mechanism,and improving the investigation and guidance mechanism.The supporting system for improving the mechanism of combining arrest with prosecution mainly includes: first,rolling up the “can-do” list of prosecutors in order to monitor the scope and make sure the proper way of use their power.Second,establish a case distribution mechanism that conforms to the regularity of cases-handling,and propose to explore a case distribution mechanism that combines manual adjustment and automatic distribution.Cases such as pursuit,prosecution,early intervention and approval of arrest after filing and supervision are handed over to the original prosecutor for trial according to the principle of automatic distribution,while other cases are optimally matched with suitable prosecutors through big data technology.Third,improve the perfection of the system management and performance review mechanism of prosecutors,implement dynamic supervision of the prosecutors,use scientific assessment indicators,clarify the handling responsibilities and accountability procedures,etc.,and improve the professionalism and specialization of prosecutors.Fourth,implementation of the informationized case-handling platform,it is proposed that the efficiency of handling cases can be enhanced through the use of remote interrogation of minor criminal cases and big data platform technology.The content of perfecting the internal and external supervision mechanism mainly includes: as far as internal supervision is concerned,firstly,the internal supervision mechanism of procuratorial organs should be implemented,with excellent investigation supervisors and excellent public prosecutors as the supplementary forces of the process supervision posts of the case management department,the linkage between the case management department and the criminal prosecution department should be strengthened,and the supervision results should be reflected in the personal performance assessment of public prosecutors.Second,the whole process of handling cases is marked through the informationized platform,and the manpulation chance is reduced through the intelligent system.Third,a scientific and reasonable internal audit mechanism for cases should be established.Based on the needs of judicial reform,the specific scope standards applicable to the audit of various cases should be clarified.External supervision includes increasing the publicity of procuratorial work,expanding the system of people's supervisors,and improving the system of listening to the opinions of defense lawyers.To perfect the investigation guidance mechanism includes: first,to proper engage in of theearly intervention,to follow the principle of moderation,to avoid early intervention evolving into full intervention and confusing the responsibilities of public security organs and procuratorial organs.Second,to establish a public prosecution convergence mechanism to ensure the transparency of case information between procuratorial organs and public security organs.Third,to improve the quality of investigation guidance.Through improving the rationality of investigation guidance after arrest,we will guide the investigation work to a proper position in the arrest approval process.At the same time,we will have proper communication and coordination ofnon-arrest cases,reflecting the aggressiveness of procuratorial organs.Fourth,to continue to standardize and improve the relevant systems and mechanisms for prosecution to guide the investigation of measurement evidence,use the advantages of guiding the investigation function to naturally extend forward after the combination of arrest and prosecution,and establish the evidence collection mechanism for guiding measurement evidence between the prosecution and the investigation organs.