An Empirical Study On The Performance Assessment Of Prosecution Department Of Procuratorate Organs

The performance assessment of the procurator organs is a structured way to evaluate thegrassroots prosecutors’ performance. Since the year of Reform and opening, our performanceassessment of the procurator organs has walked through a way from none to existence, fromrough to carefulness, and from one unit to the whole area. Nowadays, the assessment systemis preventing the criminal procedure system from operating normally, and becoming thehidden rules dominating the grassroots judicial organs. The academic circles even insist toabolish the assessment system. This article is going to demonstrate the problems of ourassessment system by the way of empirical study, and try to benefit the system and even thedevelopment of our procurator system.The article consists of four parts, approximately30thousand words.The first part analyzes the meaning of studying the performance assessment of theprocurator organs. At present, the assessment plays an important part in the suppressing thediscretion of the procurator organs. However, it is also necessary to notice that the assessmentsystem actually replace the position of the criminal procedure law. There are three opinions inthe academic circles, which are “abolishing”,“retaining” and “improving”. The article arguesthat we should analyze the existing issues by empirical and theoretical ways, then improvingthe system.The second part is an empirical study of the assessment system at the city of L. Thefeature of the target system is assessing the quantitative distribution, and valuing the amountof not guilty verdict, withdrawing and appealing. The management process of the assessmentsystem promotes in an information way, together with the annual review. The feedback of theassessment system is important to the awarding, which is mainly spiritual.The third part is about the problem of the assessment system. The problem of idea is thatthey valuing punishment too much. The targets of the assessment are not so scientific that thejudicial organs deal with the cases in a more mechanical way. Additionally, the procuratororgan has less restriction. Another problem is that the procedure is too utilitarian and simple.Besides, the feedback of the assessment result is always influenced by the interpersonalrelation and equalitarianism, which makes it less exciting.The forth part is about ways to improve the assessment system. On the basis of the former parts, this part promotes the idea to improve the system. Firstly, the idea of assessmentshould change from punishing the criminal to protecting the people. Secondly, complete thesystem of supplementary investigation, withdrawing and the targets of the prosecuting cases,thus reducing the effect of the mechanical handling ways. Complete the target of prosecutionand non prosecution to strengthen the restriction between the procurator organs. Complete theprocess of the assessment system to suppress the utilitarianism and guarantee the materialityof the assessment. At last, complete the feedback system and value the material award toexpress the direct function of the feedback.