功能转变与角色替代:司法责任制视野下检委会案件决策机制改革之方向探究

Functional Shift and Role Substitution: On the Reform Orientation of Decision-Making Mechanism in the Procuratorial Committee Cases

随着改革的深入,检察改革的重视因素从规则因素转变为对人的关注。司法责任是基于司法决策权配置而进行的一种责任划分与不利承担。作为业务决策机构,以群体司法决策为其理论基础的检委会议案决策机制,将案件审查权与决定权相分离;而在司法责任承担上,又基本处于"豁免"状态,明显与司法责任制改革对检察官职业化改造要求不相符。随着司法专业化和职业化进程不断加快,检委会议案决策功能在完成其使命后会逐步淡出历史舞台,职业检察官的角色替代将成为必然。

With the deepening of the reform of procuratorial work, importance has been attached to human being rather than regulations. Judicial responsibility is a kind of duty allocation and mode of bearing legal responsibility based on the allocation of judicial decision-making power. It separates the right of investigation and the right of decision-making of a case into two parts. However, beating legal responsibility is basically exempted, which cannot meet the requirement of the professionalization of procurators in the reform of judicial responsibility. With the accelerating of judicial professionalization, the making function will gradually fade away after it fulfilled its mission, procuratorial committee＇s decision- and the role played by it will be substituted by professional procurators.