试论我国主诉检察官制度的困境与完善

推行检察官办案责任制改革是落实党中央和最高人民检察院部署的重要举措,是建立高效权威、符合司法规律的社会主义司法制度的必然要求,是完善办案机制、提升法律监督效能的现实需要,为此,党的十八届三中全会《决定》要求,探索建立突出检察主体地位的办案责任制,以完善主诉检察官办案责任制为抓手,突出检察官办案主体地位,明确检察官办案责任和权力,对所办案件终身负责,严格错案责任追究,形成权责明晰、权责统一、管理有序的司法权力运行机制,当然,从试点运行到逐步推进,这项制度在取得明显实效的同时,也存在着一定的理论争议和实践问题。

Discussion on the Institutional Predicament and Improvement of Principal Prosecutors

It is an important step to carry out procurator responsibility system reform for the commitment of the Party Central Committee and Supreme People＇s Procuratorate＇s deployment; it is also the inevitably demand of socialist judicial system which accords with the judicial principle and practical needs of improving mechanism to deal with cases and im- proving performance of legal supervision. Therefore, in 18th Third Plenary Session, it is decided to explore and establish the prosecutor-oriented responsibility system, clear lines of responsibilities and authorities, implement lifelong responsi- bility of cases and strict responsibility investigation of misjudged cases, so as to form operating mechanism of judicial pow- er with clear right and responsibility, as well as the integration of power and responsibility. Without doubt, there are theo- retical disagreement and practical problems from pilot project.