On The Unity Of Arrest And Prosecution

The right to approve arrest and the right to prosecution are two important functions of Chinese procuratorial organs,and they are also an important part of the procuratorial power.In the long process of the development of criminal procedure system in our country,there has always been a dispute about whether he subject of the right to arrest and the right to prosecution should be unified.The relationship between the right of arrest and the right of prosecution is not only related to the allocation of internal functions and powers of procuratorial organs,but also to the development of procuratorial system and the realization of justice under the rule of law.The unity and separation of the relationship between arrest and prosecution have its own advantages and disadvantages.How to construct a reasonable relationship between arrest and prosecution in order to improve the effectiveness of procuratorial function has always been an important part of the reform of procuratorial system.With the great progress of the reform of the judicial system,the reform of the trial-centered litigation system has entered the fast lane,and the reform of the quota system of procuratorial officials has been further deepened,and the requirement of the reform of the responsibility system for handling cases is becoming more and more urgent.In order to implement the reform in an all-round way,the procuratorial organs have put forward a series of comprehensive reform measures with overall significance,and the unity of arrest and prosecution is an important link.The unity of arrest and prosecution is a reform that affects the whole body.The key to any system reform is to adapt to the development conditions and requirements of the new era.On the premise of insisting on the unity of arrest and prosecution,how to perfect the mechanism and its operation through reasonable system design is the focus of research.Through literature research,value analysis,experience summary and other research methods,this paper is divided into four parts to study the unity of arrest and prosecution carried out in the new round of judicial reform in our country.The first part of the article starts with the nature of the right of criticism and prosecution,and introduces the two functions and their allocation relationship of the examination and prosecution of procuratorial organs in our country,that is,the separation of arrest and prosecution.Combined with the practice of the separation and combination of arrest and prosecution in the process of procuratorial system reform in our country,this paper investigates some modes of the unified operation of arrest and prosecution in various parts of our country,and roughly combs the views of the academic circles on the dispute of the division and combination of arrest and prosecution.The second part of the article discusses the rationality and superiority of the unity of arrest and prosecution.Based on the analysis of the disadvantages in the operation of the separation of arrest and prosecution,this paper demonstrates the value of the unity of arrest and prosecution,that is,the unity of arrest and prosecution has the advantages of improving the efficiency of litigation,unifying the internal decision standards,strengthening investigation supervision and ensuring human rights,and puts forward that the unity of arrest and prosecution can adapt to the requirements of the reform of the majority system,conform to the reform goal centered on the trial,and conform to the reform of the supervision system.The third part of the article analyzes the hidden worries of the operation of the unity of arrest and prosecution in our country,and points out that there may be some hidden disadvantages in the operation of the unity of arrest and prosecution,such as the improper application of the right to arrest,the imbalance of internal constraints in the procuratorial organs,and the increase of the difficulty of defense lawyers pre-trial defense.In the last part of the article,aiming at the unfinished place in the operation of the unity of arrest and prosecution,this paper puts forward some countermeasures,such as standardizing the procedure of approval of arrest by procuratorial organs,refining the internal management of procuratorial organs and strengthening the external supervision of procuratorial organs,and exploring the way to optimize the unity of arrest and prosecution.