The Risk And Control Of "integration Of Arrest And Prosecution"

On January 3,2019,the Supreme People's Procuratorate held a press conference,announcing the abolition of the original Office of Investigation and Supervision and the Public Prosecutor's Office,and the implementation of an integrated case-handling mechanism.The ‘integration of arrest and prosecution' reform is not a simple addition of the two functions of reviewing arrest and initiating public prosecution,but a systemic change that affects the whole body and will have multiple impacts.Any reform is accompanied by controversy,and the reforms of academia and the practice circle around the ‘reporting relationship' are also inconsistent.The institutional reform of ‘unification of lawsuits' has already begun.Simply demonstrating the advantages and disadvantages of ‘unification of lawsuits' has little effect.How to specifically promote this reform to prevent possible negative effects to the greatest extent and face the ‘unification of lawsuits' The opportunities and challenges brought by the reform are the issues that need urgent attention at present.Based on this,the author analyzes the endogenous power,value analysis,and theoretical questioning of the ‘unification of lawsuits' to make suggestions on the risks and controls of the model,so that the procuratorate can prevent risks while improving efficiency.The full text is divided into four parts.The first part is an overview of ‘unification of arrests'.Through the interpretation of the connotation of ‘unification of lawsuits' and combing of its historical evolution,it explores the underlying reasons for the changes in the lawsuit lawsuits.Analyze the endogenous power of ‘unification of arrest and prosecution' from two levels of judicial practice and theory.The second part is the theoretical argument of ‘unification of lawsuits'.By analyzing the value of ‘unification of arrest and prosecution',the author puts forward the advantages of ‘integration of arrest and prosecution' in two aspects: the promotion of the substantive hearing and the promotion of procuratorial guidance and investigation.By analyzing the questioning of the ‘unification of arrest and prosecution' in the theoretical circle,we responded from three perspectives: reviewing the ownership of the right to approve arrest,reviewing the independence of the arrest procedure,and checking and balancing powers.The third part is the possible risks of ‘unification of arrests'.External risks include the reduction of defense space,which is not conducive to the protection of the rights of criminal suspects;internal risks include the weakening of internal supervision constraints and the vagueness of the standard of certification.The fourth part is the risk control of ‘unification of arrests'.External risk control includes the improvement of the on-duty lawyer system,the establishment of a tripartite hearing system during the review and arrest phase,and the improvement of the people's supervisor system;internal risk control includes the improvement of the internal supervision system of the procuratorial organs and the acceleration of the professionalization of prosecutors.