The Effect Of Performance Assessment To The Exercise Of Prosecutorial Power

The correct and efficient exercise of procuratorial authority is not only related to rights of the criminal suspect and the victim, more directly affect the judicial justice or not, which affect the harmonious social’s fairness and justice targets. All of the prosecutorial system should be set up for this center. However the current performance appraisal system does not, because it has been designed to pays more attention to promote the efficiency of procuratorial work and ignored its may exercise procuratorial authority to the influence of the fair, which brought a series of problems in the actual exercise procuratorial power, including increased "flow operation" mode, lead to procuratorate dropped again and again, neglect of human rights protection, ignoring the due process and so on. This paper fucus on the procuratorate’s performance appraisal system and its influence to prosecutorial power. Finally, try to give some suggestions to the improvement of this system.There are four chapters in this paper:The first chapter Mainly introduces the performance and the concept of performance assessment, the process of the establishment of performance evaluation system in procuratorate, and the necessity and inevitability of it’s establishment in our procuratorate. Performance as a concept of modern management, with double meanings of the invest staff’s results and working process. And procuratorial work as a crime, legal supervision state prosecution of mental work, for both entity results, also pay attention to the reasonable and legitimate program, so the procuratorate performance evaluation must not completely with the results as the basis, but also shoud pay more attention to the program. The second chapter examines the current laws and regulations on the procuratorates’performance appraisal system,the author researched an internal assessment of a grassroots procuratorate of Nanjing. found there are an obviously missing of evaluation of the assessment which directly led to the deviations from the direction of the assessment. In addition, too meticulous, and quantization and not reasonable assessment standards all the form of prosecutorial power produced profound effect.The third chapter focusing on the analysis of the effects of the performance evaluation to the prosecutorial power’s exercise. The the fuzzy of purpose evaluation increased "flow operation" carries of the criminal litigation structure, the attention of the rate of not guilty led the procuratorial organs to "consultation case" with the court or continue to withdraw to prosecute. But the result is the rights of the criminal suspects were relentlessly trample, and at the same time put too much emphasis on the legal supervision for aggravating punishment, also led to the neglect of human rights protection. On the one hand and program ignore reflects the procuratorial work "heavy entity, light program" the thought deeply rooted, on the other hand also from operation level of the more overhead due process rules.The fourth chapter according to the analysis of the mentioned above, puts forward some measures to perfect the system. Mainly includes a clear objective, perfecting examination method, the establishment of scientific appraisal standards, increase in order to ensure the human rights for the purpose of the legal supervision, and increase the program assessment of the value and so on. But it is important to emphasize that performance evaluation as a procuratorate internal inspection standard, the procuratorial authority to have great influence on the one hand, because its value as the function of the guidance of, on the other hand, because of the whole, including power allocation system Settings to the science, so the reform of the performance appraisal and can’t fundamentally change the above problems, and more need to perfect the system of the whole.