The Research Of The System Of Evaluating Quality Of Public Prosecution Cases

In recent years,the Central Committee of the Communist Party of China treats strengthening the supervision of judicial activities as an important direction of judicial reform, which makes standardizing judicial acts increasingly attracts strong concern of academia.The Fourth Plenary Session of the 18 th CPC Central Committee puts forward a plan explicitly that is strengthening the supervision of judicial activities and perfecting the judicial management system and operation mechanism of judicial power. Obviously, it's more crucial to strengthen law enforcement supervision and the norms of power under the procuratorial organ, a supervisor. Moreover, the quality evaluation system on public prosecution case is important among the whole evaluation system of prosecution. Therefore, the key project on the present management to prosecution is establishing an evaluation system that conforms to the development of prosecution, which is, meanwhile, also significant on the reformation of the prosecution system. In this paper, in order to promote the development of the system, combining with specific situation in some provinces and analyzing on the problems existing in the practical operation, the research on the system of quality evaluation of public prosecution cases is overall and comprehensive within using comparison, investigation, literature search, analysis.Besides preface and epilogue, this article is divided into four parts, specific as follows: The first part is about the background and development of the quality evaluation system on public prosecution case. Due to the reform direction of two extraterritorial law systems, scientific management to judiciary and effectively restriction to power with the internal and external supervision play a significant guide role in the development of the quality evaluation system on public prosecution case, primarily promoted by relevant documents, practiced creatively by local procuratorates within its own specific situation, and issued by the Supreme Procuratorate. What's more, the quality evaluation system of public prosecution develops rapidly owing to its great practical significance, such as, maintaining social equity and ensuring justice, standardizing prosecutorial power to prevent judicial corruption, improving efficiency and protecting human rights, and the adaption to judicial modernization.The second part is telling the basic contents of the quality evaluation system on public prosecution case. In accordance with macroscopic guidance form the Supreme Procuratorate,local procuratorates have self-ordained evaluation institutions. However, the contents are basically similar. The evaluation system mainly aims at the procuratorial organ's internal personnel, including chief procurator, members of procuratorial committee and senior prosecutors, with mode of evaluation like paying attention to focal point, special project and regulated inspection, to reach both substantive and procedural indicators, two aspects of evaluation indicators.The third part, the quality evaluation system on public prosecution case has been successful, besides, there are some problems. From the point of the current situation of judicature, the quality evaluation system on public prosecution case has indeed made some achievements, especially in enhancing the level of law enforcement and promoting the construction of attorney. However, there are more or less problems existing in practice. For example, first, it's hard to balance justice because the subject of evaluation system merely refers to the internal personnel of procuratorial organ, lacking of external evaluation. Second, it's difficult to guarantee the effect for the unperfected evaluating methods and relatively serious formalism. Third, unscientific criterion influences the quality evaluation. Finally, the evaluated result is useless or not useful enough, which is against evaluation value target.The fourth part introduces the improvement of the quality evaluation system on public prosecution case. On the basis of the previous part, this part puts forward some suggestions on improving it. First, the range of subject, including without lawyers, judges, scholars and the people's supervisor, shall be expanded, and the third-party evaluation mechanism should be introduced. Second, the methods of evaluation for improving the ability of the public prosecutors shall be optimized, in accordance with pushing forward the construction of the regulated inspection and evaluating in court. Third, public satisfaction as a new indicator should be introduced, as well as the establishment of a unified, flexible and reasonable evaluation criterion, to improve the quality evaluation standard. Finally, the establishment, with respect to the quality record of investigators, shall be built, for the purpose of perfecting the reward and punishment mechanism. What's more, in order to make evaluation's correction and incentive works, the evaluating results shall be public to some extent.