| At present,"the Trial-centered Procedure Reform","the Reform of Supervision System",and other criminal litigation system reforms have been on track.Just under such a background,the system of the integration of arrest and prosecution has also entered the stage for reform as an auxiliary and supporting system officially.Although it is gradually becoming comprehensive and even legislative from a preliminary pilot,it still faces a lot of challenges as a reappeared system.In the theoretical world,it has caused considerable controversies.And the problems in the practice have also surfaced.Therefore,the article analyzes the integration of arrest and prosecution reform in our country from a theoretical level,focusing on the utilitarianism and value measurement of the system’s operation,exploring the rationality of the integration of arrest and prosecution reform.And the article will combine with the current pilot practice.It attempts to put forward some complete and comprehensive suggestions to avoid actual operational risks of the integration of arrest and prosecution so that this legal System can achieve or even surpass the expected reform effect.The article is divided into five sections:The first part of the article firstly discusses the premise theory related to the system of the integration of arrest and prosecution,and analyzes the right of arrest and prosecution.As the system of the integration of arrest and prosecution is a remodeled system,the article uses the method of historical research and analyzes the evolution of the relationship of arrest and prosecution from its origin.Its purpose is analyzing and summarizing the reasons for the re-operation of the system of the integration of arrest and prosecution;The article’s second part is based on the value of the reform of the criminal procedure.It analyzes the value of the system of the integration of arrest and prosecution from five different parts,such as China’s criminal prosecution concepts and the direction of criminal prosecution reform and so on.So the system of the integration of arrest and prosecution is the most suitable choice for the current China;In the third part,the article discusses the pilot practice of the system of the integration of arrest and prosecution.It is divided into two parts.The part of the exploration of the sporadic pilot procuratorates selects the most representative Province.And the article analyzes and summarizes the pilot work process using cases and data;The comprehensive breaks the habits of enumerating individual provinces.It analyzes the system of the integration of arrest and prosecution by investigating the work of theprocuratorates at different levels,with a view to making more detailed suggestions for this system;The fourth part of the article is about the provisions of the foreign laws.After summarizing and analyzing the predicament,the article analyzes some relevant provisions for arrest and prosecution in countries outside in order to find some inspirations and outlets for China’s current the system of the Integration of arrest and prosecution;In the last part of the article,the author proposes its own suggestions for the real predicament to make the system better.In terms of system construction and improvement,the article combines with the reform of current diversified supervision in the procuratorial system.What’s more,it also combines with the trend of professional development of the prosecutors,and it also combines with the reform on the review of arrest litigation.The article is aimed at putting forward some suggestions to solve the problem.For example,the supervision of the procuratorial power,the standardization about the review of the arrest,and the circumvention of abuse of the right to prosecute. |
