An Empirical Study On The Operation Mechanism Of The Integration Of Arrest And Prosecution

The right to arrest and the right to public prosecution are the two core functions and powers granted to the procuratorial organ by law in China.In the context of constantly pushing forward the reform of the litigation system centered on trial and the adjustment of the allocation of procuratorial authority,the issue of resetting the operation of procuratorial authority and implementing the integrated case handling mechanism of arrest and prosecution has returned to people's attention.On July 25,2018,Zhang Jun,chief prosecutor of the Supreme People's Procuratorate,mentioned in his speech at the seminar for grand prosecutors that starting from the reform of the internal structure of the procuratorial organs,the procuratorial work should be re divided and organized according to the types of cases,and a case handling mechanism integrating arrest and prosecution should be implemented.From the perspective of handling cases by procuratorial organs,this paper takes the procuratorial practice of Y City People's Procuratorate of Z Province as an empirical study sample,investigates the operation of the integrated mechanism of arrest and prosecution in the latest judicial practice,objectively analyzes the positive role played by the mechanism and the existing problems and risks,so as to put forward some suggestions for improving the operation of the integrated mechanism of arrest and prosecution in procuratorial practice Benefit reference.This paper consists of three parts: introduction,main body and conclusion,of which the main body is composed of the following four parts.The first part is the background of the reform of the mechanism of the integration of arrest and prosecution.Since the procuratorial organ was re established in 1978,the evolution of "arrest and prosecution relationship" in the procuratorial system has gone through from "cooperation" to "separation",and then to the integration reform of arrest and prosecution which has been continuously explored and promoted in recent years,which makes the procuratorial organ return to the working mode of "arrest and prosecution integration".In2014,on the basis of internal organization integration and specialized handling of cases,the procuratorates of Jilin,Jiangsu,Hunan and other first batch of pilot provinces and cities began to boldly explore the mode of "integration of arrest and prosecution" in order to solve the practical contradiction of large number of cases and fit the background of deepening the reform of judicial responsibility system.The successful experience of these pilots also laid afoundation for the reform of integration of arrest and prosecution in China The practical basis of promotion within the scope.On July 25,2018,the Supreme Procuratorate officially determined the reform direction of the nationwide procuratorial organs at all levels to implement the integrated case handling mechanism of arrest and prosecution.On the other hand,the reason why the integrated system of arrest and prosecution can be quickly determined to be promoted by procuratorial organs at all levels in the country after just a few years of pilot operation is also inseparable from the current trend of judicial system reform entering the deep-water area,the successive introduction of a series of measures,such as the reform of the post system of procurators,the leniency system of confession and punishment,and the reform of the supervision system.Facing the new changes in the procuratorial work and In the new situation of duty performance,the procuratorial system has turned to seek a more suitable power allocation mode for the current judicial practice.In the second part,the positive effects of the implementation of the mechanism include optimizing the allocation of procuratorial resources,improving the efficiency of handling cases,strengthening the guidance of public prosecution,reducing the return of supplementary investigation,enhancing the overall concept of arrest,and reducing the rate of custody before trial.This part is mainly based on the procuratorial data before and after the combination of arrest and prosecution collected and sorted out by the procuratorate of Y City,Z Province during the investigation period,with the help of tables,charts and other tools to compare and analyze the changes in the indexes of arrest,prosecution and case handling time limit,completion rate and pre-trial detention rate,and at the same time,combined with the visits to investigators,prosecutors and lawyers during the investigation period and the results of questionnaire survey,to integrate arrest and prosecution The positive effect of the system in the operation of Y City procuratorate in Z province was investigated and analyzed.The third part is the problems brought by the reform of the mechanism of the integration of arrest and prosecution.First,the tendency of arresting and convicting is increasing.After the unity of arresting and prosecuting,the prosecutor's grasp of the case and evidence in the stage of arrest has basically formed his inner conviction,and it is easy to bring this "Prejudice" against the guilt of the criminal suspect into the stage of public prosecution,eliminating the due process value in the stage of public prosecution.Second,the risk of false prosecution of the prosecutor increases.The prosecutor is afraid or unwilling to not prosecute the case that he / she has made the decision of approving the arrest,or even the evidence thatshould be excluded or the decision of approving the arrest that should be revoked should not be revoked,which leads to the wrong prosecution of the case to the court,resulting in the wrong case.The third is the weakening of investigation supervision.In judicial practice,the reform of the integration of arrest and prosecution in procuratorates generally combines the investigation supervision department with the public prosecution department.The same prosecutor carries out the supervision on the legality of investigation activities and the supervision on the filing and withdrawal of cases,which weakens the strength of procuratorial supervision and investigation to a certain extent.Fourth,the detention time before arrest is extended by the public security organs.After the combination of arrest and prosecution,the pressure on investigators to obtain evidence before arrest is increased,resulting in the tendency of improper extension of the detention time before arrest.Fifth,the space for defense lawyers to conduct effective defense has been further compressed,and the difficulty of defense has increased.The fourth part is the analysis of the reasons for the problems in the operation of the system.On the basis of the negative influence of the integrated reform of arrest and prosecution on the procuratorial work of Y City in Z Province,the author further analyzes the causes of the problems in the practice of the mechanism.The first is the lack of internal supervision and restriction,including the decentralization of procuratorial power and the lack of dynamic prevention and control of the whole process of prosecutor's handling of cases after the integration of arrest and prosecution.Second,the internal assessment system of the procuratorate is unreasonable,which does not play the role of scientific guidance and strict norms for prosecutors to perform their duties according to law.Thirdly,there is a lack of necessary restriction in pre arrest detention.The integration of arrest and prosecution aggravates the pressure on investigators to obtain evidence before arrest,while the public security organs lack of necessary supervision and restriction in the application and time limit of pre arrest detention,which leads to the increasingly common situation of extending detention and infringing the personal freedom of detainees in order to obtain evidence.The fourth is the restriction of defense lawyers' exercise of the right to review papers.At present,the law does not give defense lawyers the right to review papers in the stage of arrest,which can not guarantee the litigation rights and interests of criminal suspects under the new mechanism of the integration of arrest and prosecution.In the fifth part,it puts forward some suggestions to improve the mechanism of theintegration of arrest and prosecution.The first is to strengthen the supervision and evaluation of the case management department on the quality of the prosecutor's handling of cases,and pay attention to the restriction and supervision of the handling process and the simultaneous dynamic evaluation of the exercise of authority.The second is to reform the internal assessment and evaluation system of the procuratorial organ,change the indexes such as the rate of non prosecution after arrest and the rate of withdrawal as the main points deduction for the performance evaluation of the procurators,increase the assessment of the sentence of detention after arrest,the exemption from criminal punishment and the declaration of probation in the case of no change in evidence,liberate the procurators from the pressure of performance evaluation and strengthen the restriction and punishment.The third is to strictly implement the requirements of procuratorial reform of "supervision in case handling and supervision in case handling",strengthen the assessment and supervision of the supervision of the procurators in case handling,and force the implementation of the litigation supervision authority.At the same time,we can appropriately give the procurators the responsibility of investigation supervision to share the pressure of post procurators in case monitoring.The fourth is to strengthen the supervision and restriction on the pre arrest detention of the public security organs,including clarifying the applicable conditions,strengthening the judicial review of the procuratorial organs and improving the legal protection and relief of the detainees.Fifth,expand the right of defense lawyers to review and arrest papers,and ensure that the suspects and defendants can get full and effective legal help.