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当前,检察机关内部存在的“查而不定,定而不查”办案机制,不仅有违司法活动直接性和亲历性,也与司法公正的理念不符。检察官独立执法的有效实现亟待“去行政化”的制度构建,笔者对此作出探讨。一、建立科学合理的检察办案组织1.刑检案件实行主任检察官审核制模式。该模式主要适用于公诉、侦监、未检等刑检部门,采用主任检察官审核制,通过主任检察官对专业办案人员所办案件进行审核把关,确保办案质量。
At present, the mechanism of handling cases that exists within procuratorial organs is not only inconsistent with the directness and vividness of judicial activities, but also incompatible with the notion of judicial fairness. The effective implementation of the independent law enforcement by procurators urgently needs to be institutionalized in “de-administrativeization”, and the author discusses this issue. First, the establishment of a scientific and rational procuratorial organization 1. Criminal cases prosecutors implement the audit mode. The model is mainly applied to criminal prosecution departments such as prosecutors, investigators and non-prosecutors, adopts the system of examination by the chief procurator, and examines and checks the cases handled by professional investigators through the chief prosecutor to ensure the quality of handling cases.