論“檢察一體”與檢察官統一調用制度之完善

“檢察一體”意味著對檢察指令權和整體性的確認，合乎邏輯地開出職務轉移，即檢察官統一調用制度。統一調用制度符合我國檢察制度傳統。新形勢下設立該項制度，符合檢察制度建設的一般規律，與我國檢察機關現行“雙重領導（監督）體制”並無衝突，符合我國司法制度改革的方向以及我國政治體制的運行邏輯。該制度與我國檢察官在訴訟法上無獨立地位的特性也較為協調，從根本上是基於新形勢下的辦案需要，且制度本身並不損害“控辯平衡”。該項制度需進一步完善，但鑒於法律依據和實踐必要性與可行性，不應以人大常委會任命或批准為前置條件；調用檢察官時可對其所在檢察院級別與被調用者資格及調用後的許可權作一定限制；“調用檢察官”應作為職務稱謂以解決身份問題；需在制度上區分統一調用檢察官與常規性檢察機關借調檢察幹部；需通過進一步完善立法和司法解釋，明確檢察官履職的原則及其例外情況。

Procuratorial integration' means the confirmation of the procuratorial command power and integrity, and logically leads the transfer of function, that is the system of uniformly transferring prosecutors . The system of uniformly transferring is in line with China's procuratorial tradition. The establishment of this system under the new situation conforms to the universal law of the construction of the procuratorial system, and does not conflict with the current 'dual leadership (supervision) system' of our country's procuratorial organs. Furthermore, this system is in line with the direction of judicial reform and the operation logic of political system, and is in harmony with the fact that prosecutors have no independent status in procedural law. Fundamentally, this system is due to the needs of handling cases under the new situation, and the system itself does not damage the balance between prosecution and defense. This system needs to be improved, but in view of the legal basis and practical necessity and feasibility, the appointment or approval of the Standing Committee of the People's Congress should not be a precondition. For the prosecutor who is transferred, certain restrictions can be imposed on the level of the procuratorate where he is located, the qualifications of the transferred prosecutor. and the authority after the transferring. 'Transferred prosecutor' should be used as a title to resolve the identity problem. It is necessary to distinguish between the unified transfer of prosecutors and the routine secondment of prosecutorial cadres in the system. It is also necessary to improve legislation and judicial interpretations to clarify the principles and exceptions for prosecutors in carrying out their duties.