The Practical Path And Future Development Of "Case To Proceeding Ratio" In Procuratorial Organs

"The law is not to check the feelings of the people and the establishment of the law,it is not." The people-centered development ideology throughout the judicial system has become the basic of procuratorial work,"case to proceeding ratio" is the procuratorial organs to break the barriers,"out of the procuratorate to see the procuratorate",the establishment of the people’s judicial feelings associated with the evaluation index.Although there has always been an evaluation of the quality of cases in the procuratorial organs,but in the past,the evaluation of the quality of cases is dependent on other indicators such as prosecutors’ performance assessment,performance awards,etc.Such evaluation methods often result in the evaluation of quantity rather than quality,emphasis on the substance rather than the procedure,such evaluation does not simply focus on the quality of the case itself,which is not compatible with the new era of the people’s higher demand for judicial product quality and efficiency.In response to the call of the new era,the Supreme People’s Procuratorate has proposed a case quality evaluation index system with "case to proceeding ratio" as the core,which reflects the basic concept of peoplecenteredness.In practice,the "case to proceeding ratio" still has the common problem of quantitative indicators and a certain tendency to administrative and internalized under the prosecution as a whole,these limitations are inevitable,but the evaluation index can not be "beaten to death",any judicial reform in China can not Any judicial reform in China can not be detached from China’s national conditions,fabricated out of thin air.In the current judicial process,the "case to proceeding ratio" is undoubtedly a favorable indicator in line with the development of China’s times and the development of the procuratorial organs themselves,as long as the positive guidance,understanding the spirit of the "case to proceeding ratio" indicator,then the indicator in the development of the problem will be solved.The problem will be solved.In order to better clarify the practical path of the "case to proceeding ratio" of the procuratorial organs,and to provide more thoughts on the future development of the case to proceeding ratio" to enhance the quality and efficiency of the procuratorial organs,this paper will fully discuss it in four parts.The first part is a theoretical analysis of the institutional mechanism of the "case to proceeding ratio",the second part is a practical analysis of the current situation of the application of the "case to proceeding ratio",and the third part is a search for the "case to proceeding ratio".The third part looks for the reasons for the limitations of "case to proceeding ratio" and how to solve the problems,and the fourth part puts forward proposals for maximizing the utility of "case to proceeding ratio" from the perspective of future development,as outlined below.First,by comparing and analyzing the case quality evaluation system based on "case to proceeding ratio" with the previous case quality evaluation system based on performance indicators,we understand the differences between the two and the background of the rise of "case to proceeding ratio".The current situation of the application of "case to proceeding ratio" and the mechanism of its current operation are discussed systematically,and it is clear that the "case to proceeding ratio" indicator helps to improve the standardization of the refund and postponement procedures,and to improve the application rate of the self-initiated supplementary investigation procedures.Secondly,through practical understanding and data collection,the "case to proceeding ratio" is analyzed empirically,and the actual situation of the operation of the "case to proceeding ratio" is analyzed with criminal prosecution data as a sample.In addition,since the introduction of the "case to proceeding ratio" in 2020,the Supreme People’s Procuratorate has continued to summarize its experience and revised it in 2021,and it is necessary to analyze the actual use of the "case to proceeding ratio" in practice and pay attention to the matters that should be noted in its use.Again,an in-depth analysis of the reasons for the problems of the "case to proceeding ratio" in practice,dedicated to better understanding of the "case to proceeding ratio" by prosecutors,from the perspective of the subjective initiative of prosecutors to "break the problem ",to break the objective limitations of the "case to proceeding ratio" indicators.In other words,from the perspective that the evaluation of the "case to proceeding ratio" indicator is macroscopic and holistic and tends to be procedural and efficient,we analyze the reasons for its inability to accurately evaluate the quality of cases;from the perspective of the tendency to internalize the evaluation subject and the lack of a unified and independent evaluation organization,we analyze the lack of an external evaluation mechanism;from the perspective of the data indicators and the limitations of the quality of cases in the procuratorial organs,we analyze the lack of an external evaluation mechanism.We analyze the reasons for the tendency to induce utilitarian behavior or motivation among prosecutors from the perspective of the limitations of data indicators and the administrative influence of case quality evaluation in prosecutors’ offices.Finally,the theoretical and practical analysis of the "case to proceeding ratio" is combined with the proposed measures for the further improvement and development of the "case to proceeding ratio" in order to make the "case to proceeding ratio" more useful in future judicial practice."can play a greater effect.One is to play the role of prosecution to guide the investigation,clear prosecution to guide the investigation of the subject,scope,evidence,while playing the role of the Office of Public Security;second is to strengthen the level of interpretation of the law,clear interpretation of the object,manner,content while improving the hearing system;third is to strengthen collaboration between the public prosecution and law,strengthen the role of the trial-centered guidelines and strengthen the integration of arrest and prosecution police integration,with a view to the"case to proceeding ratio" the practical operation and future development to provide more thinking.