Investigation And Research On The Examination And Approval Of Arrest By The Grass-roots Procuratorates In City A

Reviewing and approving arrests is one of the important links in pre-trial procedures,and is an important means to investigate crimes and ensure the smooth progress of lawsuits.According to the provisions of the Criminal Procedure Law,the right to review and approve arrest is exercised by the Procuratorate.The problems exposed by the Procuratorial organs in the review and appraisal work for a long time have led to intense discussions in the academic and practical circles.In 2016,the Supreme People’s Procuratorate put forward a plan for reviewing the reform of arrest litigation based on the bottlenecks encountered in the practice of reviewing and approving arrests,and accordingly deployed several provinces to carry out pilot exploration work.The Procuratorial organs of the pilot provinces conducted various forms of review and arrest work through hearings,and achieved certain results.At the beginning of February 2019,the Supreme People ’s Procuratorate proposed in its five-year work plan outline that on the basis of a comprehensive and scientific grasp of the conditions of arrest,establish an arrest hearing system with a significant impact on case review,improve the working mechanism for questioning criminal suspects and hearing the opinions of defenders.In the context of reviewing the judicial transformation of arrests and constructing a system for reviewing and arresting hearings in case of significant impact,Procuratorial organs across the country have begun to explore new ways of reviewing and approving arrests,but in practice no unified views and practices have been formed,and it has been difficult to improve the long-standing problems in reviewing and approving arrests.Therefore,this article hopes to investigate the actual operation status of the review and appraisal of the grassroots Procuratorial organs of City A in the past three years,analyze the problems in the review and appraisal of the Grassroots Procuratorial organs of City A,identifythe causes of the problems,and put forward suggestions for improvement in light of the current reform direction.In addition to the introduction,this article is divided into four chapters:The first chapter is a basic introduction to the research situation related to this thesis,including the content of the survey and the source of the survey points.Three Grass-roots Procuratorates were selected from the Grass-roots Procuratorates in the ten administrative regions of city A,and they were labeled as the People’s Procuratorate of the X district,the People’s Procuratorate of the Y district,and the People’s Procuratorate of the Z district,as the research points for the related research content of this paper.In addition,it includes the research process,The research methods used in the article are the literature research method,empirical research method and interview method.Chapter 2 includes two parts,The first part is a collation introduction to the investigation of the Grassroots Procuratorates in City A.It mainly includes reviewing and approving the arrest process,the deployment mode of case handling personnel,review the acceptance of approved arrest cases,review the approval of the review papers,the contact of the prosecutor to discuss the case,interrogation of criminal suspects,participation of defense lawyers,and review of illegal arrest Exclusion of evidence.The second part is to introduce the results achieved by the city’s Grassroots Procuratorial organs in reviewing and approving arrests.The third chapter finds out the problems existing in the review and arrest of the Grassroots Procuratorial organs of city A based on the investigation.There are mainly written and administrative modes of review and approval;Social risk identification is highly subjective;The quality of the arrests reported by the public security organs is not high;Interrogation is just a form that becomes investigative;Low participation of defence lawyers;Illegal evidence exclusion rules have not been taken seriously.Chapter IV puts forward perfect suggestions based on the problems found in the survey.The main is to establish a "diversion" batch arrest hearing system;Strengthen the collection and certification of social danger evidence of public security organs;From the perspective of the Procuratorate,improve the quality of casesreported by the public security organs;Ensure the quality of interrogation;Increase the participation of lawyers during the review and arrest phase;It is suggested that Procuratorial organs attach importance to the role of legal supervision,maintain objective neutrality,and increase the channels for finding illegal evidence from multiple angles.