强化检察委员会司法属性之路径探析

The Path to Enhance the Judicial Features of the Procuratorial Committee

在检察委员会的规范化建设已取得明显成效的情况下,应当更多地关注检察委员会的司法属性问题和决策机制的改革完善。检察委员会改革应遵循司法规律,将民主、高效、权威设定为基本目标,通过优化组织体系、改革决策模式、建立责任机制、提升委员司法能力等强化其司法属性。在决策模式改革上,应借鉴吸纳审判合议制和党委票决制的合理内核,保证委员的"民主"地位、严格检察长的"集中"机制,确立一级检察委员会定案机制,以此增强检察委员会决策机制的司法属性。

As the normalizational construction of the procuratorial committee has presented some remarkable effect, the judicial features and the reform of the decision-making system of the procuratorial committee is demanded to be paid more attention. Adhering to the rules of justice, setting democracy, efficency and authority as the fundamental goals, the reform is suggested to be carried on in series of ways such as advancing the system, regulating the mode, establishing the liability mechanism and evaluating the professionalism. In this paper, the reform of the mode is proposed to draw on the experience of the collegiate system of judge and the decision-making mode of the party, to ensure the democracy of the procuratorial committee members, to strict the power of the chief procurator, to establish the decision machanism of the procuratorial committee, and to enhance the judicial features of the procuratorial committee.