两岸主任检察官制度比较与借鉴

摘要

The head prosecutor system reform in Mainland has been implemented for more than a year. Comparing the head prosecutor system reform in Mainland to that in Taiwan, we can find huge differences between the two in many aspects, including the functional orientation of the head prosecutor, the safeguard of independence of the prosecutor, the relation between the head prosecutor and the department head of internal organs. To solve issues that reducing the administrative trend is not sufficient and that independence of prosecutors is not enough which appear in reform practice, the head prosecutor system reform in Mainland should further clarify ideas and improve the system, including the early realization of transforming the responsibility of head prosecutor to the responsibility of prosecutor, clarifying the relationship between the head prosecutor and the department head, giving the procurator general the power of withdrawing mission and the power of transferring mission.%大陆主任检察官制度改革试点实行已有一年多时间，将大陆的主任检察官制度改革实践状况与台湾的主任检察官制度进行对比，发现两者在主任检察官功能定位、检察官独立性保障、主任检察官与部门负责人的关系等方面均存在较大的差别。为解决改革实践中出现的诸如“改革去行政化不够、检察官独立性不足”等问题，大陆检察官办案责任制改革应进一步理清思路，完善制度，尽早实现主任检察官办案责任制向检察官办案责任制的转变，厘清部门负责人和主任检察官的关系，赋予检察长职务收取权和职务移转权。