檢察機關內部機構及功能設置研究

Institutional Setup and Functions in Procuratorates

檢察機關設置內部機構，是為了實現專業分工、提高效益，也為便於上級指揮監督。設置時應考慮司法責任制及其限度、辦案業務量和檢察官數量、辦案組織的設置、業務工作特性、日常管理需要以及上下級檢察機關的業務對接。目前還應注意機構設置的適度穩定性，以及機構設置的基本統一性。“大部制”比較適合於案件數量較少，檢察人員較少的檢察院，尤其是基層檢察院。檢察機關實行訴訟與監督職能分離和機構分離利弊皆有，但兩種職能難以完全分開，且在偵查權轉隸後，訴訟監督更需批捕權和公訴權支持。“捕訴合一”可精簡機構、提高效率，但捕、訴性質不同，部門合一還造成業務部門設置不平衡。除未成年人案件以外，其他特定類型案件亦應慎重實行“捕訴合一”。檢察機關的內部機構及功能設置，應視國家監察體制改革推進狀況而作適當調整。

The institutional setup in procuratorates has two goals: one is to improve efficiency through division of functions; the other one is for better direction and supervision by procuratorates at higher levels. In institutional setup, factors such as judicial accountability, amount of cases and number of prosecutors, quality of work, daily management and coordination between different levels of procuratorates should be considered. In addition, we need to pay attention to the stability and uniformity of institutions. The 'giant department' reform suits procuratorates which have small amount of cases and less prosecutors, especially those of the lowest level. The separation of prosecution from is better form implementation of supervision, but actually it's hard to completely separate the two functions. Moreover, after the transfer of investigative power, the supervisory function needs to be supported by the power of arrest approval and the power of prosecution. The combination of arrest approval department and the prosecution department can streamline institutions and improve efficiency, and strengthen the direction and supervision on investigation. However, since arrest approval and prosecution have different qualities, the combination of the two departments will break the balance between different departments. Except in juvenile cases, we should be cautious in the combination of arrest approval and prosecution in other cases. The internal institutional setup of procuratorates should be adjusted according to the reform of our national supervisory organs.