检务保障体制的困境及对策

Difficulties and Countermeasures of Security System of Procuratorial Operation

财政部、最高人民检察院制定的《人民检察院财务管理暂行办法》施行,成为各级检察机关争取财政部门支持的法律依据,使得检察机关的经费供给回归分级供给负担的本质。省级以下检察机关作为同级政府的一个行政部门进行经费供给,这种经费供给没有法律约束力,检察机关的经费仍靠争取同级党委、政府和有关部门的支持提供保障,使目前检务保障仍不稳定。修订公用经费保障标准、加强转移支付资金管理使用等方面仍需要突破制度性难题,省级以下检察经费保障的长效机制仍需完善。

＂Interim Measures of Financial Management of Procuratorial Organs＂made by the Ministry of Finance and the Supreme People＇s Procuratorate has become the legal basis of the procuratorial organs at all levels to gain support from the financial sector,which has made funds supply of procuratorial organs back to the essence of classification supply burden. The procuratorial organs at and below the provincial level can get the supply of funds as the administrative departments of government at the same level. This supply of funds has no legal binding force,and the procuratorial organs＇ fund still comes from the support of party committees at the same level,governments,and relevant departments,which has made the present procuratorial operation security unstable. We need to break through the institutional problems in revising the security standards of public funds and strengthening the fund management and use of transfer payment. The long- term mechanism of procuratorial funds guarantee still needs to be improved.