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The Study on the Performance Appraisal Methods of the procuratorial System in Mainland China

Author: WeiPeng
Tutor: HuangWenYi
School: Jilin University
Course: Legal Theory
Keywords: The Procuratorial System The Performance Appraisal Methods Phenomenon Analyze Reflection and Perfection
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 249
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Abstract


This essay attends to define the meaning, the scope and the types of the performance appraisal methods of procuratorial system. The introduction of the performance appraisal methods into the procuratorial system has a long history, which was not only greatly influenced by legal and political events, but also closely related to our daily life. As well, the prosecutors’professionalism also makes the appraisal of performance an inevitable choice.In China, the formation of Prosecutor’s and civil servants’performance appraisal have something in familiar, but actually, they two are so different in the appraisal’s subjects, methods, contents and so on. The reason is that the characteristics of the judiciary system and the occupation of prosecutors are not alike. Performance appraisal methods are able to ensure the effective working force management, to ensure the full completion of the fixed goal, to promote the highly development of the team work and to guarantee the implementation and realization of the criminal policy. On the other hand, the good evaluation can effectively stimulate the outstanding prosecutors to work more spontaneously and with more enthusiasm.The grass-roots procuratorates have a large number of procurators and shoulder much more responsibilities for the criminal cases of first instance. What’s more, they have to deal with the most comprehensive procedures. As a result, the grass-roots procuratorates’performance appraisal is a key to the study of appraisal for procuratorial system that they are more typical and more representative.In this essay, the author took an example of the people’s procuratorate of C city to introduce and analyze the assessment system. First of all, the author defined the guiding ideology, the principles and the assessing targets, the period, organization and methods. The assessments to the grass-roots procuratorates are mainly based on the results of the assessments of every functional department, which are considered as the foundations of calculating the results of each grassroots procuratorate. The evaluations of some primary functional departments are at the most important that they are focused as an evaluation index. The investigate departments highly valued the rates of arresting, such as the rate of approval for arresting, the rate of prosecution and judgment. The Public Prosecute departments have the rate of prosecution withdrawn, of acquittal, of jobbery crime non-prosecution, of jobbery crime closure, of counter appeal, of counter appeal’s withdrawing, of the counter appeal’s adoption, of prosecution and the rate of prosecution sentenced. Jobbery crime department has "one quantity; two cases; three rates". These important assessment indexes cover the main work of the procuratorial systems that they also constitute the core performance appraisal.Throughout the on-the-spot investigation, the author mainly introduced his theory with relevant data’s comparison and analysis, especially analyzed the causes, the characteristics and the trend, and then, tried to find out the deficiencies of the assessment system. Such as the unscientific evaluation methods, the unreasonable evaluation index, the conflicts between indicators, the influence on the cooperation between procuratorates and courts, etc.However, the value of the performance appraisal system is far more outweigh than its disadvantages. That’s because of its developing space. Nowadays, the evaluation is just considered as a kind of "tool", which way of thinking makes great troubles. The orientate value of the procuratorial organs’performance appraisal should maintain social fairness and justice by means of the legal supervision which should be the primary standard of appraising appraisal system and clearing the evaluation index, to take as a standard for dividing the evaluation index and defining the primary or secondary factors.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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