论检察机关“捕诉合一”职权配置改革

On the Reform of the Procuratorial Organ's "Power of Arrest and Suit"

"捕诉合一"是一种检察职权的配置,是目前我国刑事司法改革的一大热点,实现庭审实质化要发挥案件在庭审中的重要作用,这就强调了在立案、侦查、起诉的前置诉讼阶段要形成完整的证据链和证明体系,为案件在庭审过程中做好必要的准备。围绕"捕诉合一"争议的焦点和司法实践的现状论证"捕诉合一"合法性和合理性,检察机关适用"捕诉合一"在职权配置的调整和改革,对刑事司法改革中检察机关如何行使检察权的影响,以及与《监察法》配套实施的监察体制相协调,在法律制度和司法实践中,"捕诉合一"的运用具有一定的正当性。

"The combination of arrest and prosecution" is a kind of allocation of procuratorial powers and a hot spot in the current criminal justice reform in China. To realize the substantive trial, it is necessary to give full play to the important role of the case in the trial, which emphasizes the need to form a complete evidence chain and proof system in the pre-litigation stage of filing, investigation and prosecution,so as to make the case in the court. Make necessary preparations in the process of trial. Around the affirmative and negative theories of "the unity of arrest and prosecution", the legitimacy and rationality of "the unity of arrest and prosecution" are demonstrated. The procuratorial organs apply the adjustment and reform of "the unity of arrest and prosecution" in the allocation of powers and powers, and have an impact on how procuratorial organs exercise procuratorial power in criminal justice reform. In the legal system and judicial practice,"the unity of arrest and prosecution" The application of the system is justified.