The Issues And Improvements In The Review And Arrest Operations Of The Procuratorate

The examining and approving arrests is the embodiment of the procuratorate to perform their own functions.Under the background of the reform of the judicial system,the examining and approving arrests should be given attention.According to the Criminal Procedure Law of the People’s Republic of China,procuratorate exercise the procuratorial power independently.After investigating a case,it shall make a request to the procuratorate for approval of arrest,if the public security organ considers it necessary to arrest the criminal suspect.After examination,it shall make a decision to approve the arrest,if the procuratorate considers that the conditions for arrest are sufficient.The processing ability of the examining and approving arrests represents the level of work,which is significance to the work of the procuratorate.The Fourth Plenary Session of the 18 th CPC Central Committee planned to deepen the reform of the judicial system.By the end of 2018,the procuratorate carried out internal reform,and the same department became responsible for the examination,arrest and prosecution of criminal cases.It was not only a function adjustment for the procuratorate,but also a key turning point of improving their professional ability.Therefore,it is necessary to explore the current situation of the procuratorate’s examining and approving arrests,find out the existing problems of the arrest,and make suggestions to solve these problems.In addition to the introduction and conclusion,this paper is mainly divided into the following three parts:It mainly focuses on the basic connotation,specific working process and the value of criminal procedure in the first part.It states the basic connotation of the examining and approving arrests,and emphasizes the significance of itself.The content of the review of arrest is also described.It introduces the methods of the investigation organs’ request for arrest,the arrest conditions,the supervision of investigation,the period of arrest and the remedy methods of the investigation organs.It expounds the value of the examining and approving arrests for criminal proceedings,which not only promote the progress of criminal proceedings,but also reflect the independent value of criminal proceedings.It mainly expounds the current situation of the procuratorate’s examining and approving arrests in the second part.The reform of judicial system and the internal reform of“integration of arrest and prosecution” are of great significance to the procuratorate.According to the data of the work report of the Supreme People’s Procuratorate and the official statistical data of the China Statistical Yearbook in the past five years,it makes a chart of the basic situation of the examining and approving arrests in China during the past five years.Through the analysis of the chart,it mainly states the current situation from two aspects.On the one hand,it introduces the improvement of the ability of arrest based on the current situation from the intuitive response of the chart content;on the other hand,it analyzes the shortcomings of arrest from the aspects that the arrest rate is still too high and the relationship between the police and the procuratorate still needs to be improved.In order to improve the development of the prosecution inspection and arrest,it mainly puts forward some suggestions.Firstly,the procuratorate should face up to the arrest function,adhere to the current arrest system on the basis the national conditions of China,and pay attention to improving the cultivation of prosecutors and perfecting the system of arrest.Secondly,the procuratorate should handle the arrest standards in the period of “ integration of arrest and prosecution”.Thirdly,the procuratorate need to establish internal supervision system and pay attention to improving the level of Prosecutors’ ability.Finally,we should maintain the police-prosecution relationship,strengthen investigation supervision,and promote the improvement and development of the arrest system.