检察机关内设机构改革的基本理论问题

Basic Legal Principle of Reform of the Internal Institutions of the Procuratorial Organs

检察机关内设机构的设置目的,一方面在于辅助检察长之管理,另一方面又为满足检察业务专业化发展之所需。在设置模式上,内设机构的名称应仿照日韩或者我国台湾地区体例,改为＂部＂或＂组＂;当前＂条线状＂的内设机构设置模式符合大陆法系国家和地区的普遍做法,实无必要进行根本性变革。同时,改革中还需澄清：＂大部制＂并非改革的必然方向,但在行政事务部门以及案件数量少、检察官员额数亦少的基层检察院仍可发挥作用;从专业化办案机制以及批捕权配置之立法目的的角度,＂捕、诉合一＂改革应当缓行;诉讼监督职能仍应按照诉讼阶段分段予以多元化配置。未来改革应坚持＂小改＂方案,即对现行机构设置模式和方案不作大的调整,新增侦查部和检察辅助人员室,另对侦查监督、公诉等部门的职责范围略作调整。

The purpose of the establishment of the internal institutions of the procuratorial organs should contribute to the management of the chief procurator and to meet the needs of professional development of the procuratorial work. Correspondingly,on the one hand its setting can only be relatively fixed,and the basic framework is stipulated by the Supreme People＇s Procuratorate,and the local People＇s Procuratorates at various levels make appropriate adjustments on the basis of compliance. On the other hand,it is necessary to affirm its due value under the reform of the judicial responsibility system. In the terms of setting mode,the name of the internal institutions should be modeled on the style of Japan,South Korea or Taiwan Province of China,and changed to ＂part＂or＂group＂,The institutional setting mode of the current＂in-line＂internal institutions is in line with the common practice of civil law countries and regions,and there is no need for fundamental changes. Something needs to be clarified： ＂the reform of super-ministries＂is not an inevitable direction of reform,but the primary public prosecutor＇s office in the administrative affairs department and the Primary People＇s Court with a small number of cases and a small number of prosecutors may still play a role. From the perspective of the professional case-handling mechanism and the legislative purpose of the allocation of power of arrest approval,the reform of integration of power of arrest approval and public prosecution should be delayed. The litigation supervision function should still be diversified according to the stages of litigation. Future reforms should conform to the＂Minor modification reform＂program. That is to say,there is no major adjustment to the current institutional setting model,and the part of investigation and procuratorial auxiliary staff room are newly added. The scope of duties of the departments of investigative supervision and public prosecution is slightly adjusted.