Research On The Reform Of The Mechanism Of The Integration Of Arrest And Prosecution

The reform of the mechanism of "the unity of arrest and prosecution" is an important measure of procuratorial reform in the current judicial reform,which means that the power of examination,approval and prosecution of procuratorial organs is exercised by the same prosecutor or case handling group.Although the rules of Criminal procedure promulgated by the Supreme people’s Procuratorate on December30,2019 clearly stipulate that the national procuratorial organs should adopt the mode of handling cases with the integration of arrest and prosecution,there are still doubts about the mechanism of the integration of arrest and prosecution In in theory and practice,and we still need to study further.First of all,the right of arrest and the right of public prosecution belong to the judicial power,but the emphasis of the two is different,the separation of arrest and prosecution focuses on the implementation of supervision,and the integration of arrest and prosecution focuses on improving the efficiency of litigation.In the past two years,the mechanism has been re-opened from the background of our country’s judicial environment.First,the contradiction between the case of more and fewer people in the period of social transformation is urgent.Driven by these needs of judicial practice,the integration of arrest and prosecution shows the value advantage in line with social development,which not only avoids the waste of judicial resources,but also improves the efficiency of judicial proceedings.On the other hand,it also helps prosecutors to guide investigation activities,shorten the case cycle and protect human rights.However,we should also see the possible drawbacks of the integration of arrest and prosecution.The criteria for examining and approving arrest and prosecution when a person is responsible may be confused,the quality of handling cases may decline when internal constraints are lost,the right to arrest may be abused to infringe the legitimate rights and interests of criminal suspects,and the defense space of defense lawyers may be compressed.The integration of arrest and prosecution has legal legitimacy and rationality.In the process of application,we should follow the principle of balance between justice and efficiency,pay attention to the protection of human rights,and perfect the problems exposed in practice by clarifying the proof standard of arrest and prosecution,strengthening the internal and external supervision mechanism for the exercise of procuratorial power,expanding the defense space of defense lawyers and strengthening the judicial relief of arrest decisions of criminal suspects.