论韩国检察官的选任制度

发布时间：2018-05-28 04:30

本文选题：韩国检察官 + 选任制度　；参考：《湘潭大学》2017年硕士论文

【摘要】：韩国检察官具有双重法律地位,既是行政官员也是公诉人。检察厅隶属于法务部,系行政机关,但同时也身负侦查、公诉、监督等司法职能。韩国检察官有权决定案件侦查程序的启动和终结,任何部门和机关在侦查开展前必须听从检察官的命令,检察官对案件侦查的司法警察行使指挥权和监督权。韩国的检察官分为检察总长、高等检察长、地方检察长、检察官四个级别,每个检察官都独立行使检察权。韩国的检察官选任制度由古代监察制度发展而来,新罗时期效仿唐朝设立司政府,监察制度开始萌芽;高丽王朝时期基本确认司宪府的职能,监察制度初步定格;朝鲜王朝时期司谏院和承政院等监察机构相互配合,正式形成了相对完善的监察制度。现代在借鉴法、德、日、美等国家法律制度的基础上,从本国的实际情况出发,司法实践逐步发展和完善,形成了独具特色的检察官选任制度。韩国检察官选任制度的主要内容包括韩国检察官的任职资格、任命、培训、晋升考核等方面。在韩国要成为一名检察官必须要具备良好的法学教育背景、基本的法律职业资格以及为期两年且合格的司法研修等条件,任命之后还需要遵守轮换制度,且接受任职前及任职后的培训,并要经过严格的考核方可晋升。韩国检察官制度中最有特色的是“特别检察官制度”,其是国家为了避免敏感度较高的政治类案件被政府高层官员操纵司法以逃避罪责而设立的。韩国的特别检察官的主要职权是侦查,其职权内容、选任条件和选任程序也与一般检察官存在一定的差异,作为韩国检察制度最具特色的部分,特别检察官在今年的“总统弹劾案”中发挥了至关重要的作用,特检组为韩国反贪反腐立下了汗马功劳。同时,韩国检察制度建设中例如检察官任职资格的高门槛,职前研修培训,选拔任命,检察机关的专业化建设,检警关系以及检察权监督制约等方面皆不乏特色,这些制度中可取的部分对中国有着一定的启发意义。
[Abstract]:Korean prosecutors have dual legal status, both administrative officials and prosecutors. The Public Prosecutor's Office is subordinate to the Ministry of Justice and is an administrative organ, but also has judicial functions such as investigation, public prosecution, supervision and so on. Korean prosecutors have the right to decide the start and end of the case investigation procedure, any department and organ must obey the order of the prosecutor before the investigation, and the prosecutor exercises the command and supervision power to the judicial police of the case investigation. Prosecutors in Korea are divided into four levels: the Attorney-General, the Senior Attorney General, the District Attorney General, and the Public Prosecutor, each of whom exercises prosecutorial power independently. The system of selecting and appointing public procurators in Korea was developed from the ancient supervisory system, and the supervisory system began to sprout after the establishment of the department government in the Tang Dynasty during the Silla period, while the functions of the Si Xian were basically recognized in the period of the Koryo Dynasty, and the supervisory system was preliminarily fixed. In the period of the Korean Dynasty, the supervisory institutions such as the admonition Yuan and the Chengzhi Yuan cooperated with each other and formed a relatively perfect supervisory system. On the basis of drawing lessons from the legal systems of France, Germany, Japan and the United States, and proceeding from the actual situation of our country, the judicial practice has gradually developed and improved, forming a unique system of procurator selection and appointment. The main contents of the system include the qualification, appointment, training and promotion of Korean prosecutors. In order to become a prosecutor in Korea, he must have a good legal education background, basic legal professional qualifications and a two-year and qualified judicial study, and also have to abide by the rotation system after his appointment. And receive pre-service and post-service training, and must pass a strict assessment before promotion. The most characteristic of the Korean prosecutor system is the "special procurator system", which was set up by the state in order to avoid the high sensitivity of political cases being manipulated by senior government officials to evade criminal responsibility. The main functions and powers of special prosecutors in Korea are investigation, and their contents, selection conditions and procedures are also different from those of general prosecutors, which is the most characteristic part of the Korean procuratorial system. Special prosecutors have played a crucial role in this year's impeachment case, and the panel has done much to fight corruption in South Korea. At the same time, in the construction of the procuratorial system in South Korea, for example, the high threshold of procuratorial qualifications, pre-service training, selection and appointment, professional construction of procuratorial organs, relations between procurators and police, and supervision and restriction of procuratorial power are all lack of characteristics. The desirable parts of these systems have certain enlightening significance for China.
【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】：D931.26;DD916.3

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