责任与独立:检察官纪律惩戒的双重维度

Responsibility and Independence:Dual Dimensions of Disciplinary Penalty of Prosecutors

我国检察官纪律惩戒程序基本上等同于普通公务员的纪律惩戒,这不利于防止司法腐败,保障检察机关依法独立行使检察权。对大陆法系检察官纪律惩戒程序的比较研究表明,制度设计必须寻求通过惩戒实现检察权责任与相对独立之间的平衡。检察官纪律惩戒程序改革应强化惩戒主体的独立性,实现专业自治,体现社会参与,并使程序公正。

In China, the procedure of disciplinary penalty of prosecutors is basically similar to that of public servants, which is detrimental to the prevention of judicial corruption and not helpful to the guarantee of exercising procuratorial authority independently according to the law by procuratorial organs. A comparative study on procedures of disciplinary penalties of prosecutors under civil law system reveals that institutional design should seek a balance between the responsibility and relative independence of procuratorial authority through penalties. The reform of procedure of disciplinary penalty of prosecutors should enhance the independence of the subject of the penalty, so to realize professional self-regulation, reflect public participation and guarantee procedural justice.