检察办案风险点重点监控与处理机制的探讨

Discussion on the Key Monitoring and Handling Mechanism of the Risk Points of Prosecution Cases

随着司法体制改革的深入推进,“谁办案谁负责、谁决定谁负责”的司法责任制落实完善,检察机关如何立足主责主业,有效防范检察办案风险,规范检察权的运行,化解社会矛盾,切实提高司法公信力,满足人民群众对民主、法治、公平、正义、安全、环境等方面的新需求,提供更优质的法治产品、检察产品成为新课题。文章从检察办案风险存在的客观性以及进行风险控制的必要性出发,对检察办案风险控制现状进行分析,从而进一步明确检察办案风险点并进行重点监控,并就在案管部门的协调监督下如何建立长效的检察办案风险处理机制提出意见建议。

With the deepening of the judicial system reform, the judicial responsibility system of "the man who handles is one who is responsible and the man who decides is the one who is responsible for the cases " has been improved and implemented. It is a new task for procuratorial organs to effectively guard against the risks of procuratorial case handling, to regulate the operation of procuratorial power, to resolve social conflicts, to improve judicial credibility, and to meet the people's new demands for democracy, rule of law, fairness, justice, safety and environment, so as to provide more high-quality products under the rule of law and procuratorial products. Based on the objectivity of procuratorial case-handling risks and the necessity of risk control, this paper analyzes the current situation of procuratorial case-handling risk control, further clarifies the risk points of procuratorial case-handling and methods of emphatically monitoring them. Finally, it puts forward suggestions on how to establish a long-term mechanism for handling procuratorial case-handling risks under the coordination and supervision of the administrative departments of case management.