国家治理视阈下检察建议之适用检视与刚性提升——以广西A市两级检察院为实证样本

检察建议的生命在于落实,落实的关键在于刚性。调查发现,A市两级检察院检察建议在适用中呈现制发类型集中、业务类别失衡,发送对象广泛、针对事由明确,发送形式单一、宣告送达量少,回复数量可观、采纳效果较好的特点,亦存在制发管理的规范化有所欠佳、文书质量的专业化有所减损、回复落实的实效化有所削弱等问题。为提升检察建议刚性,助推国家治理体系和治理能力现代化,应从健全制发管理、提高文书质量、强化落实整改三个方面加以完善,让检察建议成为“规范之书”“专业之书”“实效之书”。

On the Application and Rigid Promotion of Procuratorial Advice from the Perspective of State Governance——Taking Two Levels of the Procuratorate in Guangxi as an Empirical Sample

The life of procuratorial advice lies in its implementation,and the key to its implementation lies in its rigidity.The investigation found that the procuratorial recommendations of the two levels of the city a procuratorates present in their application a concentration of hair-making types,an imbalance of business types,a wide range of targets for sending,a clear target for the subject matter,a single form of sending,and a small number of service announcements,the response quantity is considerable and the effect is good.There are also some problems such as the lack of standardization of production and distribution management,the loss of specialization of the quality of documents,and the weakening of the effectiveness of the response implementation.In order to enhance the rigidity of procuratorial advice and promote the modernization of the country's governance system and governance capacity,we should perfect the system and development management,improve the quality of documents,and strengthen the implementation of rectification and reform,let the procuratorial proposal become"the book of norms","the book of Profession"and"the book of actual effect".