司法改革视野下检察业务考评机制改革新思考

New Thoughts on the Reform of Prosecutorial Work Evaluation Mechanism under the Vision of Judicial Reform

检察业务考评对驱动检察机关职能发挥、实现检察机关价值有重要作用。在本轮司法改革前,我国检察业务考评机制呈现层级化运作方式,由上级院考评下级院,检察官个人不作为考评主体;此后,各地在层级化考评运作下,探索构建对员额检察官个人的考评机制。我国检察业务考评的发展回应了检察改革实践,但尚未充分适应中国特色检察制度的要求,尚未做到完全按照检察规律办事,急需创新制定适应司法改革的考评措施。应从层级化考评的完善、创新设置个人考评、考评的组织与程序三方面进一步改革。

The procuratorial work evaluation plays an important role in the performance of the Procuratorate.In the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China, before the judicial reform, the procuratorial work evaluation mechanism adopted an organizational evaluation method, and the higher-level Procuratorates evaluated the lower-level Procuratorates. The prosecutors were not the subject of evaluation. Afterwards, Procuratorates explored a performance appraisal mechanism for prosecutors. The development of procuratorial work evaluation mechanism responded to the practice of procuratorial reform in China, but it has not fully adapted to the requirements of the procuratorial system with Chinese characteristics,and has not yet done its work in full accordance with the procuratorial rules, and urgently needs to innovative measures to adapt to judicial reform. It should be further reformed: from the improvement of the organizational evaluation, innovative construction of individual performance evaluation, improvement of organizational and procedures.