“后员额”改革时期的检察官员额制运行问题思考

On the Operation of the Post System of the “Post-Prosecutorial Qualification” Reform Period

检察官员额制不只是一项关乎检察官人数规模、功能的单一性、基础性制度,对该制度运行的认识,不应止步于员额检察官的身份获得,而应延伸至员额检察官所置身的司法责任制实践中。检察机关大批次员额选任基本完成的"入额后"改革时期,需要注重结合制度原理、制度现实环境、制度目标,同步跟进检察官助理发展与检察官培养制度建设、强化员额检察官办案中的权责要求、合理调适员额制目标与科层制之间的张力以及对诉讼制度改革等技术性配套方案的实施运行、推进理路予以统筹考量。

The Post System of prosecutors is not only a single basic system related to the number size and function of the prosecutors.The operation of the system should not be limited to the obtaining prosecutorial qualification,but should be extended to the judicial responsibility system practice in which the procurators are involved.During the"Post-Prosecutorial Qualification"reform period,in which a large number of prosecutors were basically selected,we need to pay attention to combine the objectives of the system with the principles and the practical environment of the system.Meanwhile,we should perform the development of the assistant prosecutor and the construction of the system of training prosecutors synchronously,strengthen the power and accountability requirements of the prosecutors in handling cases,adjust the tension between the system target and the bureaucratic system,as well as make overall consideration of the implementation,operation and promotion route of the litigation system reform and other technical supporting programs.