Research On The Mechanism Of Procuratorial Organs, Arrest, Prosecution, And Case Handling And Its Optimization Path

With the development and progress of socialist rule of law,the judicial environment of our country has changed greatly.In the process of the new round of judicial system reform,the mechanism of the combination of arrest and prosecution is a reform of the internal organs of the procuratorial system,a re-combination of their internal functions and powers,and a new exploration of the arrest and prosecution relationship.The mechanism was officially implemented in the national procuratorial system in January 2019.At the same time,it is precisely because the reform involves the sensitive issue of the relationship between arrest and prosecution,which has been deeply and widely concerned and disputed by the academic and practical circles.The mechanism of the combination of arrest and prosecution is not unprovoked.It is mainly to deal with the prominent contradiction of many cases and few cases,the low quality and efficiency of handling cases in the current judicial practice,to meet the needs of the reform of the judicial responsibility system,and to adapt to the reform of the trial centered litigation system.The mechanism of the combination of arrest and prosecution has achieved good results in procuratorial practice.From the practice of the pilot operation,it has effectively improved the efficiency of handling cases,strengthened the quality of handling cases,strengthened the supervision and restriction,and reduced the pre-trial detention rate significantly.In the process of operation,there may be risks of abuse of arrest power,weakening of internal supervision,affecting the neutrality of procuratorial organs and leading to wrong cases.The root of these problems lies in the over concentration of power and the lack of effective power restriction mechanism.Through the comparative analysis of the allocation of the relationship between arrest and prosecution of foreign countries and the ownership of the right to arrest of foreign countries,as a "stone of other mountains",it provides valuable experience for our country's case handling mechanism of the integration of arrest and prosecution.The key to the optimization of the mechanism is to pay attention to the guarantee of human rights and the quality and efficiency of the case;to further strengthen the judicial review of the review of arrest,explore the litigation transformation of the review of arrest,endow the accused with the right of objection to the decision of arrest,and improve the review system of detention necessity;to strengthen the internal supervision and external supervision of the procuratorial organ The Ministry of supervision should establish a case quality supervision and management mechanism,improve the existing evaluation system,and strengthen the implementation of the people's supervisor system.The focus of improving the procuratorial guidance and investigation mechanism should be on the scope of application,guiding measures and guiding effectiveness to jointly prevent unjust,false and wrong cases.At the same time,the establishment of a professional case handling team and the acceleration of talent guarantee mechanism In order to ensure the efficient operation of the system,we should optimize the mechanism of the combination of arrest and prosecution in a multi angle and all-round way,so as to conform to the grand proposition of the era of the construction of the rule of law society.