论文部分内容阅读
司法责任制改革前,大陆检察机关办案模式以“检察人员承办,办案部门负责人审核,检察长或者检察委员会决定”三级审批制为主;司法责任制改革后,大陆检察机关办案组织在加强司法亲历性、判断性上多有变革。台湾地区检察机关办案组织具有检察官承办权与决定权一体化、处于中间管理环节的检察官岗位职责仍以亲自办案为主职、实行检察人员分类管理等特点。大陆检察机关办案组织改革要走可持续发展道路,仍应在组织权力、组织结构和运行机制等三个方面进行适度的司法化改造。
Before the Reform of Judicial Responsibility System, the pattern of handling cases by the procuratorate in mainland China was dominated by three levels of examination and approval system such as procuratorial personnel undertaking, handling of case handling department heads, procuratorial generals or procuratorial committee decisions. After the reform of judicial responsibility system, There is more change in strengthening judicial experience and judgments. The procuratorate organ in Taiwan has the procuratorial power of the prosecutor and the power to make decisions. The duties of the prosecutor who is in the middle management chain are still mainly responsible for handling the cases and the classification of prosecutors. The procuratorate organ reform in mainland China must take the path of sustainable development. It should still make appropriate judicial reforms in the aspects of organizational power, organizational structure and operational mechanism.