日本检察官办案责任制及对中国的启示

The Case-handling Responsibility System of Procurators in Japan and Its' Enlightenment for China

检察官办案责任制是检察改革的重点和关键,它包括检察权运行机制、检察权保障机制和检察权监督机制。作为混合法系代表性国家的日本,其检察官办案责任制独具特色,具体表现为:在检察权的运行机制上呈现出独立性和一体性,在检察权的保障机制上呈现出行政性与司法性,在检察权的监督机制上呈现出内部性与外部性。日本检察官办案责任制的上述特点,对于中国检察官办案责任制改革具有重要借鉴价值。

The case-handling responsibility system of procurators is the key to the procuratorial reform, which includes operating mechanism, safeguard mechanism and supervisory mechanism of procuratorial power. As the representative countries of the mixed legal systems, the case-handling responsibility system of procurators in Japan has special features. Its specific performances are： the independence and integration in the operating mechanism, administrative and judicial features in the safeguard mechanism, as well as internal and external nature in its supervisory mechanism. These characteristics of casehandling responsibility system of procurators in Japan have important referential value to the reform of Chinese case-handling responsibility system of procurators.