Research On The Integrated Mechanism Of Arrest And Prosecution

At present,our country is in the period of deepening the judicial reform in an all-round way.In order to improve the quality of handling cases,save judicial resources,improve efficiency,and actively explore a new mode of operation of internal institutions,the system of "arrest and prosecution in one" came into being.As the two important functions of procuratorial organs to exercise criminal legal supervision,the power of arrest approval and the power of public prosecution play the role of combating crime,safeguarding human rights and legal supervision together,but the two functions have also produced a series of problems under the long-term separation model,such as the inefficient litigation,the less supervision of investigation activities and the low quality of cases.In order to enable the procuratorial organs to exercise their power efficiently and justly and give full play to their functions,the author makes a detailed analysis of the system of the unity of arrest and prosecution,and puts forward his own opinions on the perfection of the mechanism of the unity of arrest and prosecution.Based on the rule of law,human rights and fairness,based on the construction and practice of the rule of law in china,and taking the judicial reform as the turning point,this paper explores the deep reform of the internal operating mechanism of the procuratorate,further promotes the rule of law,institutionalization,standardization,rational allocation and use of judicial resources,regulates,controls and supervises the proper exercise of procuratorial power,coordinates the proper operation of the procuratorate’s arrest,prosecution and supervision,thus promotes the prevention,control and correction of crimes,the realization of social fairness and justice,and the development of human rights guarantee,We should promote the deep reform of the judicial system,and establish a new mechanism of unity and unity of arrest and prosecution,so as to standardize and promote the people’s procuratorates to exercise their legitimate power,safeguard the human rights of citizens and ensure socialfairness and justice..This thesis is divided into four parts to explore the system of unity of arrest and prosecution.The first part is an overview of the integrated mechanism of arrest and prosecution of procuratorial organs.In this part,it first introduces the historical evolution of the arrest and prosecution system,from "unity" to "separation" to "re-integration ".The second part explores the necessity and function of the integrated mechanism of arrest and prosecution.Firstly,it explores the necessity of establishing an integrated mechanism of arrest and prosecution,which is an inevitable requirement for deepening procuratorial reform,comprehensively fulfilling the inevitable requirement of investigation and supervision power,taking into account the requirements of fairness and efficiency.Finally,it explores the significance of the integrated mechanism of arrest and prosecution to improve litigation efficiency,save judicial costs,improve case quality,fight crime,guarantee human rights,implement judicial responsibility system and realize judicial justice.The third part is to analyze the current situation of the integrated mechanism of arrest and prosecution.First of all,the basic situation of the present practice of "the unity of arrest and prosecution" is analyzed.In order to deal with the integration of arrest and prosecution,the procuratorial organs have reformed the internal organs,from the Supreme Procuratorate to the basic procuratorates.Although the integrated mechanism of arrest and prosecution has its advantages,it also has its problems.The integrated mechanism of arrest and prosecution may cause the imbalance of the right of prosecution and defense,the abuse of the right of arrest approval,the imbalance of internal constraints,and the mixed ability of procuratorial personnel to handle cases.Finally,the main causes of these problems are analyzed,because the implementation of the reform takes some time,the thinking of procuratorial personnel on the rule of law needs to be improved,and the corresponding supervision mechanism has not been established.The fourth part is to further reform and improve the integrated mechanism ofarrest and prosecution,first of all,the basic principles of the integrated mechanism of arrest and prosecution,we should base on and adhere to the principles of the rule of law,power supervision,fairness and justice,human rights and other principles to promote the integrity and perfection of the integrated mechanism.Thirdly,it is necessary to strengthen the supervision mechanism,perfect the integrated mechanism of arrest and prosecution,perfect the duty system of lawyers,establish and perfect the mechanism of access and withdrawal of prosecutors,change the core of people’s supervisors,and establish a disciplinary committee of prosecutors.Finally,from improving the quality of prosecutors,strengthening the examination mechanism to improve the integrated mechanism of arrest and prosecution,training,set up the concept of lifelong learning,in the selection and employment of personnel to promote the high-quality training of prosecutors,reform the content and form of assessment to increase the pressure of prosecutors,the implementation of the responsibilities of prosecutors.