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如今,主任检察官办案责任制改革已经将近两年,17个试点单位也已全部实际运行主任检察官办案责任制。但是改革不能一步到位,主任检察官办案责任制同样如此。两年中,这项改革有成绩,但仍有一些问题急需完善。如何实现主任检察官权责利的有机统一?如何避免该项制度走入死胡同,最后跟主诉检察官制度和主办检察官制度一样无疾而终?很多人认为这项制度是对台湾制度的照搬,实际上大陆推行的主任检察官制度与台湾地区的做法有根本上的区别,它是从检察院作为办案主体向检察官作为办案主体的过渡。笔者认为为了顺利构建具有中国特色的主任检察官办案责任制,需要实现检察管理的集约化、专业化、扁平化,建立严格的资格准入、定期考核、职业保障等相关机制。
Nowadays, the chief prosecutor has been reforming the accountability system for handling cases for nearly two years, and all 17 pilot units have actually run the responsibility system of prosecutors handling cases. However, the reform can not be done in one step and the same is true of the responsibility of the chief prosecutor in handling cases. In the past two years, there have been some achievements in this reform. However, there are still some problems in urgent need of improvement. How to achieve the organic unity of the powers and responsibilities of the chief prosecutor? How to prevent the system from going to a dead-end and finally end up like the chief prosecutorial system and the sponsor prosecutor’s system? Many people think this system is a copy of the Taiwan system. Actually, The chief procurator system implemented in mainland China is fundamentally different from that in Taiwan. It is a transition from the prosecutor’s office to the prosecutor as the main body of case handling. In my opinion, in order to successfully establish the chief prosecutor responsibility system with Chinese characteristics, we need to intensify, professionalize and flatten procuratorial administration and establish strict mechanisms for qualification, periodic examination and job security.