论检察官惩戒制度

发布时间：2018-05-05 14:02

本文选题：检察官责任 + 检察官惩戒制度　；参考：《湘潭大学》2017年硕士论文

【摘要】：检察官惩戒制度是指关于检察官因违反法律上职责义务,或者因违反职业纪律或职业道德的行为应由何种机构依何种条件与程序给予何种惩处等一系列规定的总和。完整的检察官惩戒制度应由惩戒的主体、对象、依据、事由、程序以及方式或者说措施六个部分组成。全文主要分为三个部分。首先基于对检察官责任、检察官惩戒、检察官豁免等概念的界定与分析,对检察官惩戒制度作出学理上的界定,并且考察了检察官惩戒制度与检察权性质及检察体制的关系,更将检察官惩戒制度与我国检察官司法责任制进行了比较分析。鉴于检察权的司法属性有必要单独构建区别于普通公务员制度及法官惩戒制度的检察官惩戒制度。一国检察体制特点对检察官惩戒制度的构建,特别是检察惩戒主体的选设有重大影响。而我国检察司法责任制与检察官惩戒制度存在制度构建缘由、目标及责任内容上的不同。检察官惩戒制度对规范检察权力行使、增强检察官履职保障及促进检察官职业群体的诞生极其重要。它强调的是一种职业要求而不仅仅是职位要求。其次,对我国旧有检察官惩戒制度的立法及实践情况进行了考察。我国检察机关被定位为法律监督机关,其权力组构与行政机关一样具有科层色彩,是以我国旧有的检察官惩戒制度有一定的现实合理性,但更多却体现为在惩戒主体与程序方面具有内部性、模糊性、地方性等不足;在惩戒依据、惩戒事由、惩戒方式等方面也存在问题。另外,制度层面的不足显然影响其实践,实践中对检察官的惩戒主要与冤假错案相关联,对很多违反职业道德的行为却视若无睹。另外还对对目前正在进行的第四轮司改有关检察官惩戒制度的主要内容进行了分析与评价。其惩戒范围十分有限,仍过度关注错案责任;在惩戒程序上的突破也不大,仍以检察机关为主导;尽管在惩戒主体方面有所突破,但新生的惩戒委员会明显权力不足,在人员组成上也存在专业性与民主性不够的问题。最后,提出了完善我国检察官惩戒制度的设想。基于以往的制度构建与改革情况完善我国检察官惩戒制度,权力制约理念仍最具指导意义。建议在保留检察系统的一定权力的同时着力提高检察官惩戒委员会的权威,实现检察官惩戒制度与国家监察体制改革的有效衔接。另外要完善线索处理及调查程序;重视对被惩戒人权利的保障。惩戒依据方面,要实现检察官惩戒的统一立法;加快我国检察官职业伦理规范建设。惩戒事由方面,要确立判断检察失职行为的程序标准,重视对有违职业道德的行为惩戒;还需建立层次化的惩戒措施体系。
[Abstract]:The disciplinary system of public procurators refers to the summation of a series of provisions on which institutions and procedures to punish prosecutors for violating their duties or duties, or for violating professional discipline or professional ethics. A complete disciplinary system for prosecutors should consist of six parts: subject, object, basis, cause, procedure and method or measure. The full text is divided into three parts. First of all, based on the definition and analysis of the concepts of prosecutor's responsibility, prosecutor's punishment and prosecutor's immunity, the author makes a theoretical definition of the prosecutor's disciplinary system, and examines the relationship between the prosecutor's disciplinary system and the nature of procuratorial power and procuratorial system. Moreover, the system of procurator punishment is compared with the judicial responsibility system of public procurators in China. In view of the judicial attribute of procuratorial power, it is necessary to construct the prosecutor's disciplinary system which is different from the ordinary civil service system and the judge's disciplinary system. The characteristics of a country's procuratorial system have a great influence on the construction of prosecutor's disciplinary system, especially on the selection of procuratorial disciplinary subject. However, the reasons, objectives and contents of the procuratorial judicial responsibility system and the procurator's disciplinary system are different. The disciplinary system of prosecutors is very important to regulate the exercise of procuratorial power, strengthen the security of procurators and promote the birth of professional groups of prosecutors. It emphasizes a career requirement, not just a job requirement. Secondly, the author investigates the legislation and practice of the former disciplinary system of procurators in China. The procuratorial organ of our country is positioned as the legal supervision organ, and its power structure has the same branch color as the administrative organ, and it is reasonable that the old punishment system of procurator in our country has certain realistic rationality. However, it is more reflected in the disciplinary subject and procedure with internal, fuzzy, local deficiencies; in the disciplinary basis, disciplinary reasons, disciplinary methods and other aspects of problems. In addition, the deficiencies of the system obviously affect its practice. In practice, the punishment of prosecutors is mainly related to cases of injustice, false and wrong, but they turn a blind eye to a lot of violations of professional ethics. In addition, the main contents of the fourth round reform of the prosecutor's disciplinary system are also analyzed and evaluated. Its disciplinary scope is very limited, it still pays too much attention to the responsibility of wrong cases; the breakthrough in the disciplinary procedure is also small, and it is still dominated by the procuratorial organs. Although there has been a breakthrough in the disciplinary subject, the newly emerging disciplinary committee is obviously lacking in power. In terms of personnel composition, there are also problems of lack of professionalism and democracy. Finally, the author puts forward the idea of perfecting the punishment system of our country's prosecutors. Based on the previous system construction and reform, the concept of power restriction is still the most instructive. It is suggested that the power of procuratorial system should be preserved and the authority of the procurator's disciplinary committee should be enhanced so as to realize the effective connection between the procurator's disciplinary system and the reform of the state supervision system. In addition, we should improve the clue handling and investigation procedure, and attach importance to the protection of the rights of the disciplined person. In terms of disciplinary basis, we should realize the unified legislation of procurator discipline, and speed up the construction of professional ethical norms for prosecutors in our country. In disciplinary matters, it is necessary to establish a procedural standard for judging procuratorial misconduct, to attach importance to disciplinary actions that violate professional ethics, and to establish a hierarchical system of disciplinary measures.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.3

【相似文献】