A Preliminary Study On The Performance Appraisal System Of Post Prosecutors

In practice,due to the traditional administrative mode in China’s procuratorial personnel management,its procuratorial organs have arbitrarily copied the evaluation mode of the civil servants in the performance evaluation,as a result of obscure evaluation positioning,principled evaluation substance,and evaluation results not fully implemented,etc.Therefore,the traditional procuratorial service evaluation system turns pro forma,which not only has effects on the quality and efficiency of case handling,causing the failing of intended purpose of the evaluation,but also disables the actual roles of the procuratorial service evaluation.In the context of judicial system reform,with the reform of judicial post system advancing in an orderly manner,the establishment of an evaluation system that conforms to law and needs of the procuratorial progresses has become a practical issue facing the present judicial system reform.Therefore,the construction of a scientific,reasonable and effective performance evaluation system for prosecutor posts,the consistent reinforcing of the institutionalization and standardization of and scientificity in prosecutor management,and the facilitating of the intended roles of prosecutor posts in the judicial reform and of the achievement of the intended effects,are of vital importance for strengthening the function of legal supervision,carrying the procuratorial work forward and promoting social equality and justice.Besides the introduction and conclusion,this paper falls into four chapters.The first chapter deals with the dilemma in which the traditional prosecutor service evaluation system faces.Through analyzing the subjects,objects,indexes,methods,and procedures of the traditional procurator service evaluation,etc.,it explores the aspects in which the traditional procurator service evaluation system fails to adapt to the judicial system reform,for example,the administrative evaluation mode conflicting with the judicial nature of procuratorial service,the mechanical evaluation standards unable to measure scientifically the procuratorial performance,and the impractical evaluation results curbing the enthusiasm in procuratorial work.Moreover,this paper attempts to analyze the reasons for the problems above,which are primarily the results of the influences of traditional cultures,concepts and thinking modes,the restrains of management system and mode of the procuratorial organs,and the limitations in the professional qualities and abilities of the evaluating subjects.The second chapter presents the reference by and inspirations of foreign prosecutor performance evaluation systems.By analyzing the characteristics and practical experience of the prosecutor performance evaluation systems of Germany,Japan,Britain,America and Taiwan,it is found though the foreign systems has their own advantages each,coming in different political systems,ideologies and authority structures(which are weighed fully),they attach importance to individual evaluation,serial evaluation and implementation of the evaluation results,which can be inspirations for the construction of China’s performance evaluation system for the prosecutor posts.The third chapter outlines the necessity and principles of the establishment of the prosecutor post performance evaluation system.It demonstrates that establishment of the system makes the objective requirement for effective management of the procuratorial organs,the only route to promoting the professionalism of prosecutors,and the external factor for prosecutors to perform their duties in accordance with the law.Meanwhile,in construction of the system,the principles of objectivity,effectiveness and orientation,etc.should be adhered to.The fourth chapter represents the basic ideas for and contents of constructing the performance evaluation system for the prosecutor posts.It is proposed by the author that the basic ideas should be changing the collective evaluation concept to individual concept,the mono quantitative index to composite and diversified evaluation,the internal evaluating subjects to the social public,and the ultimate evaluation results to oriented results.Fundamentally,the contents should lie in setting of authoritative evaluation subjects,reasonable evaluation indexes,scientific evaluation methods and procedures,as well as formulation of objective rules for implementing the evaluation results,etc.Besides,the chapter includes the innovative ideas of the paper.