Research On The Operation Of The Integrated Mechanism Of Arrest And Prosecutio

Under the background of carrying out the reform of judicial responsibility system in an all-round way,in order to strengthen the leading position of prosecutors,we must give full play to the functions of approving arrest power and public prosecution power,which is the important foundation of the procuratorial reform in the new era.It is well known that arrest,as one of the most severe coercive measures,is exercised by the Public Prosecution Service.However,the power of approving arrest,as a kind of supervisory power with neutral nature,was previously carried out under the mode of separation of arrest and prosecution,however,with the development of society and Economy,the judicial environment in China has changed in recent years.First,the problem of low judicial efficiency,many cases and few people is prominent,the reform situation is severe;Second,it is necessary to guarantee the quality of Investigation and evidence collection in order to promote the trial-centered reform The reform of the Judicial Accountability System and the Post Prosecutor's lifetime accountability have made the previously applied model of separation of prosecution irrelevant to the current judicial context,the practice has proved that it is the general trend to implement the system of arrest and prosecution under the current judicial background in our country.Although there was a great deal of controversy at the beginning of the implementation,a large number of scholars raised their own worries and speculations,but under the impetus of the Supreme Procuratorate,the internal organs are reformed,and the integrated arrest and prosecution mechanism is carried out from top to bottom in the whole country,because a scientific and correct reform model needs to be adapted to the current social environment and to the current judicial practice.Moreover,the successful experience of the trial before the nationwide implementation of the integration of arrest and prosecution shows that the integration of arrest and prosecution mechanism can not only improve the efficiency and quality of case handling,but also promote the guiding work of case investigation,moreover,it can protect the legitimate rights andinterests of the criminal suspect and the right to defense of the defender,and at the same time,it can strengthen the supervision and restriction of each other.This paper is divided into four parts to study the operation of the integrated mechanism of arrest and prosecution in China,in the first part of this paper,under the current political background,the author expounds that this mechanism conforms to the legal provisions and has the legal legitimacy,to provide legal and political support for the implementation of the arrest and prosecution mechanism.In the second part,the author explains the function value of the system and enumerates the implementation of the system in all parts of the country so as to summarize the current operation of the system.The third part,combined with the actual situation in operation,objectively analyzes some unavoidable problems in the practice of the mechanism,and considers how to overcome and improve the solution.The fourth part combines the practice to find out the solution to the problems existing in the operation,put forward the reasonable and optimal method to ensure the normal and efficient operation of the mechanism.