论主任检察官分类设置与管理的改革构想

The Reform of Classification and Sort Management and Setup of Head Prosecutors

在司法改革中,检察人员的分类改革只是第一步,主任检察官也需要分类设置与管理。应当在对"检察一体"进行法治化改造的基础上,针对侦查、刑检(公诉与批捕)、诉讼监督等不同权能对司法化改造的要求强弱,分类设置和管理主任检察官。在权力配置和办案模式上,侦查部门以办案组为办案单元,实行主任检察官负责制,重视检察一体;刑检部门以检察官个体为办案单元,突出办案独立性,主任检察官监督办案质量;诉讼监督部门根据具体业务的不同,分别以主任检察官主持的办案组或者检察官个体为办案单元;在办案方式上,侦查部门强化团队合作,以秘密方式办案;刑检部门实行单独办案与"合议制"相结合,以公开化办案为原则;诉讼监督部门则分情况采取个体办案或者合议制方式办案,结合具体案件选择秘密或者公开式办案。

During the reform of judiciary, the first step is the reform of the classification of prosecutors as well as the classification and management of the the director of the prosecutors. Based on the reform of legalization to the procuratorial integration, pointed at the requirements to judicial transformation by different powers and functions, such as investigation, prosecution （public prosecution and arrest）, litigation and supervision, the director of procurators should be managed and set up classifiedly. In the allocation of power and investigation modes, the criminal investigation department handles the investigation group as an investigation unit, implements the the system of director of the prosecutors, and emphasizes the procuratorial integration; the criminal prosecution department takes the prosecutor individual as an investigation unit, highlights the independence of the investigation as well as the quality of investigation supervised by the director of the prosecutors; according to the different professional work, the litigation supervision departments take the investigation groups that director of the prosecutors or the prosecutor＇s individual is in charge of as the investigation case unit respectively; in the investigation modes, the investigation department intensifies the team cooperation and works in a secret way; criminal prosecution departments implement a combination of separate investigation and ＂collegiate system＂, and take the principle of making the investigation public; litigation supervision departments investigate separately by individuals or take the collegiate system depending on different situations. According to the specific case it can choose a secret way or make the investigation public.