主任检察官办案责任制改革探究

Research on Chief Prosecutor Handling the Case Responsibility System Reform

主任检察官制度是检察官办案责任制改革的重要内容。当前在主任检察官办案责任制改革试点中主要存在主体地位不明、职权不清、独立性弱、办案"行政化"色彩依旧显著、缺乏严格的选任机制、权责利不统一现象严重等问题。克服以上难题需要从以下几方面着力:明确树立主任检察官相对独立行使检察权以及"权、责、利"相统一的基本原则;严格选任制度;积极探索配套制度建立与改革健全立法等。

The chief prosecutor system is an important part of the prosecutor handling the case responsibility system reform. Currently there are several problems in the pilot cases of the chief prosecutor handling the case responsibility system reform, such as the subject status being unknown and functions and powers being unclear, weak independence, the administrative color being significant, lack of strict selection mechanism and the severe phenomenon of the rights, responsibility and interests being not unified. To overcome the above problems we need to focus on the following aspects： setting up relatively independent procuratorial power for the chief prosecutor, and the basic principle of the unity of ＂the rights, responsibility and interests＂, making selection system strict, actively exploring the ,establishment and reform of supporting system, and improving legislation and so on. The group, through the above rational proposals, constructs the scientific platform for realizing the chief prosecutor handling the case responsibility system smoothly in our country.