| In the new era,the judicial reform centered on trial has been developing in depth,and the construction of objective,fair,efficient and scientific procuratorial power operation system has become an urgent problem to be solved.Among them,the procuratorial organ is the executor of the state prosecution,the regulator of the criminal policy,the leader of the diversion of the procedure,and the supervisor of the litigation activities.Only by ensuring the fairness and standardization of the procuratorial organ in the pre-trial work can we promote the substantive development of the later trial activities.Since the procuratorial organ’s anti-corruption and anti-blasphemy function department "transferred ",the procuratorial organ has gradually opened the adjustment and reform of the internal organization,among which the return of the system of " the unity of arrest and prosecution" has once again become the focus of theoretical disputes.Under the background of comprehensively promoting the modernization of national governance system and governance ability,the reform of the mode of "one-in-one arrest and prosecution" is a key link in the reform of the operation mechanism of procuratorial power,and it is also an effective response of procuratorial organs to the new era and new situation.As two important functions of procuratorial organs,the effective interaction and combination of examination,arrest and prosecution are related to whether the procuratorial organs can effectively play the leading role in pre-trial and perform the duties of legal supervision.The system of "the unity of arrest and prosecution" and the lenient system of guilty admission and punishment complement each other,promote each other with the reform of judicial responsibility system and post system,inherit from the reform of arrest litigation,and deeply influence the relationship between prosecution and defense.By examining and comparing the relationship between arrest and prosecution in the main countries of the two legal systems,we can see that the relationship between arrest and prosecution in our country is unique,and should continue to adhere to the mode of "one arrest and prosecution" at present.The mode of "one-in-one arrest and prosecution" has been running for some time in practice,which has the positive effects of greatly improving the work efficiency,improving the investigation relationship,and developing the prosecution and defense negotiation.In order to further improve the system of "integration of arrest and prosecution" and give full play to its important value in pre-trial procedure,it depends on gradually perfecting the system of arrest hearing,strengthening the cooperation of procuratorial and police officers,and promoting the reform of procuratorial organs’ own system.Strengthen defense lawyers and the rights of accused and other supporting mechanisms. |
