The so-called case management refers to the activities that the procuratorial organs control, organize, coordinate, supervise and deal with law enforcement case-handling activities according to the relevant regulations, so as to ensure the quality and efficiency of cases and improve the legal supervision ability and law enforcement credibility.

This paper analyzes and discusses the problems existing in current case management and their solutions, and puts forward some views on improving case management on the basis of absorbing relevant research results from academic circles. The author believes that there are still some problems in case management, such as case quality evaluation, case management administration, case management refinement, case management humanization, case management informatization construction lagging behind, case management reward and punishment mechanism implementation and so on. Only by solving the above problems can we gradually improve the case management.

Keywords: case management, management power, case quality evaluation

Case management refers to the management of law enforcement and case handling activities by the management personnel of procuratorial organs, which is an important aspect of judicial management. The so-called judicial management refers to the organizational activities to optimize the allocation of judicial resources by means of planning, organizing, coordinating, guiding, supervising, restricting, evaluating and examining according to the requirements of judicial laws. Judging from the current judicial practice in various parts of China, judicial management is still in the exploratory stage, and its mechanism system and laws and regulations need to be further improved.

Specifically, case management refers to? The process by which managers at all levels of procuratorial organs coordinate and organize their own resources through planning, organizing, leading, controlling and innovating, so as to effectively achieve the set goals? . ? Case management of procuratorial organs refers to the control, organization and coordination of law enforcement activities by using human, material, financial and information resources according to relevant laws and documents, so as to ensure the quality of cases and the efficiency of handling cases, and improve the legal supervision ability and the credibility of law enforcement. In practice, the case management department manages and supervises the law enforcement and case handling activities of the business departments. The specific case handling work is still the responsibility of various business departments, and the case management department and the case handling department are responsible for the division of labor, mutual cooperation and mutual restraint. Under the leadership of the procurator-general and the procuratorial Committee, they conduct comprehensive business management of the cases handled by the procuratorial organs: undertake the main tasks of case management, process monitoring, statistical inquiry, quality management, money and materials involved, and lawyer's marking reception. Adjust and optimize the original case and clue management scope, integrate resources, and form a case management pattern with clear rights and responsibilities; Clarify the specific operation process and requirements, and form an interrelated, mutually restrictive and interlocking process. ?

201111the Supreme People's Procuratorate established a case management office, which is a specialized agency responsible for case management. Since then, procuratorial organs at all levels in China have set up more than 2,500 specialized case management institutions, and started to establish a new case management model, namely, unified case acceptance, whole-process management, dynamic supervision, post-case evaluation and comprehensive evaluation.

In 20 12, the Supreme People's Procuratorate put forward the general idea of case management: taking the promotion of fair and honest law enforcement as the core, improving the quality and efficiency of handling cases as the goal, taking procuratorial informationization as the means, taking perfecting the organization, selecting the best and strengthening the team, perfecting the rules and regulations, and establishing the information platform as the breakthrough, and taking unified handling of cases, whole-process management, dynamic supervision, post-case evaluation and comprehensive evaluation as the mechanism; Adhere to the equal emphasis on management and service, supervision and cooperation, overall consideration, highlight key points, actively and steadily, pay attention to practical results, comprehensively promote the intensive, informational, standardized and scientific case management, and promote the scientific development of procuratorial work.

In order to promote the research of judicial management (including case management, trial management, etc.). ), China University of Political Science and Law Research Center of Judicial Idea and Judicial System launched an essay-writing activity for the whole country, and received hundreds of papers successively. After expert review, 30 papers won the first and second prizes. At the first judicial management seminar, more than 100 experts and leaders from the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of Justice, local court system, procuratorate system and many well-known universities attended and held an award ceremony for the winners. Dozens of domestic media reported the meeting. According to the compilation of the above-mentioned essays (this is the first collection of papers on judicial management in domestic academic circles at present), this paper summarizes the main viewpoints on case management research, and makes independent thinking and analysis on related issues.

I. Problems existing in case management

An article analyzes the problems existing in current case management: (1) insufficient understanding and attention to the status and role of case management; (2) The responsibilities of case management institutions are unclear and coordination is not in place; (3) There is no unified and efficient management mechanism; (4) The case management effect is not good, the information collection and submission are not comprehensive, timely and accurate, and the business investigation and case analysis are not effectively carried out.

Another article holds that the main problems in current case management are: (1) the case clue management is not standardized; (2) The case quality management has not formed a system; (3) The supervision and management of case quality is not in place; (4) Lack of standardization in case management; (5) It is difficult to investigate the responsibility of misjudged cases.

Some articles also point out that the following problems are affecting the development of case management: such as prominent administrative tendency, weak management mode, excessive internal institutions and low efficiency, insufficient power control in the early stage and excessive power reduction in the later stage, lagging information construction and less application of modern management principles. So-called? Is the management mode strong vertically and weak horizontally? It means that the case management mode of procuratorial organs is strong in vertical management and weak in horizontal management. Taking the grass-roots people's procuratorate as an example, there are two kinds of vertical management modes: the head of the prosecutor's business department is in charge of the deputy procurator-general, the procurator-general or the procuratorial Committee; The Supreme People's Procuratorate, Provincial People's Procuratorate, Provincial People's Procuratorate. Over the years, vertical management has been developing strongly. For example, all departments from the Supreme People's Procuratorate to the provincial people's procuratorate are playing the role of baton in terms of work deployment, procuratorial guidance, evaluation and so on. Horizontal management refers to the control, promotion and maintenance of all activities related to the subject. Its main performance is systematic process management, and its basic functions are whole process management, dynamic management and process control. Horizontal management is the foundation of vertical management. The former focuses on things, while the latter focuses on people. Only by combining the two can we form a scientific management model.

Some articles also think that the problems in case management are as follows: (1) The ideological concept has not changed, and it sticks to the old management mode; (2) The case management personnel are insufficient, and the overall quality needs to be improved; (3) The case management mechanism is immature and the supervision ability needs to be improved; (4) The information construction is slow and cannot meet the requirements of dynamic supervision.

Second, the way to solve the problem of case management

Some articles think that case management should be improved from the following aspects: (1) Renewing ideas and exploring new case management modes; (2) Increase the investment in case management and strengthen the training of case management talents; (3) Optimize the case management mechanism and improve the legal supervision ability; (4) Strengthen the informatization construction of case management and improve the scientific level of case management.

Another article puts forward several countermeasures to improve case management: (1) to ensure the quality of cases and strengthen the sense of responsibility in handling cases; (2) Gradually promote the institutionalization and standardization of case management; (3) Improve ideological understanding and establish an assessment mechanism.

Some articles put forward the following suggestions on improving case management: (1) Establish a comprehensive management system, and case management should run through the whole process of handling cases, including filing, investigation, taking compulsory measures, reporting arrest, prosecution and trial. (2) establishing a large judicial network, connecting the networks of public security and procuratorial organs through computer technology, and making overall management; (3) Establish an effective monitoring, tracking and alarm system; (4) Establish a case quality evaluation mechanism; (5) Establish a case review system combining key review with general review.

There is also an article that puts forward the basic idea of solving the problems in case management: (1) Accurately grasping the functions of case management institutions. The functions of the case management institution shall include the process management, quality management, information management and comprehensive management. (2) Explore the establishment of a scientific case management mechanism. First of all, it is necessary to establish a standardized management mechanism for procuratorial work and a monitoring management mechanism for case procedures; The second is to establish a new mechanism of procuratorial work assessment management; the third is to build a linkage mechanism of case quality assessment and case supervision management with incentives and constraints in parallel. (3) Strengthen the construction of case management institutions and teams. (4) Accelerate the informatization construction. (5) Strengthen the management of case statistics. (6) Strengthen case flow management. (7) Strengthen the management of legal documents. (8) Strengthen the management of money and materials involved. (9) Strengthen case evaluation management. ⑩

Some articles point out the development direction and goal of case management, and think that the determination of case management direction should conform to the basic laws of management on the one hand and the reality of procuratorial work on the other. At present, there are three main development directions of case management: first, case management should be consistent with the overall direction of procuratorial work; Second, the informationization direction of case management; Third, the case management should change from extensive to fine, and the goal of case management is modernization, systematization and optimization.

Some articles put forward the viewpoint of optimizing the operation mechanism of case management, advocating the informationization of case management and improving the planning, organization and control ability through the information network platform. We should start from two aspects. First, build a unified software management system, which integrates case handling, management, statistics, analysis and supervision, realize information exchange and resource sharing, and enhance the legal supervision ability. The second is to improve the construction of each platform of the case management system, so as to achieve online entry of law enforcement information, online management of law enforcement process, online classified inquiry of law enforcement activities, online supervision of law enforcement links and online disclosure of law enforcement information.

Another article discusses the idea of deepening the case management mechanism: (1) deepening the construction of case management exploration mechanism; (2) Deepening the construction of case management practice mechanism; (3) Deepening the development mechanism of case management; (4) Deepening the construction of case management evaluation mechanism; (5) Deepening the construction of case management support mechanism. Attending three. Reflections on Improving Case Management From the analysis of the problems existing in case management in current academic circles, we pay more attention to the following problems: case quality evaluation, case management administration, case management refinement, case management humanization, lagging information construction, case management reward and punishment mechanism implementation and so on.

On the issue of case quality evaluation, there is a unanimous view in academic circles, that is, to strengthen case management, we must pay attention to building a perfect case quality evaluation mechanism. The significance of case management lies in improving the quality of handling cases, timely and accurately evaluating the quality of each case handled by case handlers, and rewarding and punishing them, which will arouse the enthusiasm of case handlers to handle cases strictly according to law. Some scholars also question the current evaluation methods, arguing that the manual evaluation of case quality and business is not only a heavy workload, but also greatly influenced by human factors, and its credibility is greatly reduced. Therefore, under the framework of establishing a unified case quality evaluation standard, online evaluation using computer technology can enhance the scientificity of evaluation. Some scholars also pointed out that the current evaluation work is not perfect, which is manifested in the following points: first, the evaluation criteria are not uniform, second, the specific scope of evaluation is difficult to determine, and third, the evaluation method is unscientific.

Some scholars advocate that the necessary "case quality evaluation standards" should be formulated, and the case quality and inspection quality around handling cases should be scientifically and comprehensively evaluated by means of self-examination, spot check, general inspection, notification and evaluation in accordance with the principles of seeking truth from facts, being objective and fair, being scientific and reasonable, and being democratic and open. It is necessary to establish a case supervision and evaluation system that conforms to the law of procuratorial work and the actual work, improve the evaluation system centered on case quality, strive to improve the case quality guarantee mechanism, and improve the level of law enforcement and the quality of handling cases. On the one hand, it is necessary to establish an evaluation mechanism for the quality standards of qualified cases, quantify the quality and specific indicators of handling cases, and guide the case handlers to pursue the optimization of case quality; On the other hand, it is necessary to carry out the risk assessment mechanism of handling cases, conscientiously sum up the precursor characteristics of case quality problems in criminal prosecution practice, sort out the hidden dangers that may affect the quality of arrest and prosecution cases and cause quality problems, scientifically design countermeasures, and eliminate quality hidden dangers as much as possible; At the same time, it is necessary to promote the linkage between quality assessment mechanism and reward and punishment mechanism, define the quality of handling cases through assessment, honor rewards and punishments through assessment, strengthen the responsibility system and accountability system for handling cases, and appropriately promote the construction of incentive and restraint mechanism for prosecutors. ?

The administrative problem of case management is related to the administrative problem of procuratorial organs. Academic circles have always been quite critical of the administrative phenomenon of procuratorial organs. Some scholars pointed out:? The administration of procuratorial organs is one of the hazards that affect justice and efficiency. The phenomenon of local protectionism and inaction or chaos in some local procuratorial organs is often related to the administrative nature of procuratorial organs. The ideological root of administrative procuratorial organs lies in the ideological remnants of feudal legal system. Procuratorial organs are becoming more and more administrative, not judicial organs. In the judicial reform initiated by the 15th National Congress of the Communist Party of China, the judicial organs take reducing administration as the development direction of the reform, but the procuratorial organs lack corresponding effective measures. For more than 30 years, from the system and working mechanism of procuratorial organs, it has not reduced the administrative attribute and increased the judicial attribute. First of all, according to Article 3 of the Organic Law of the People's Procuratorate, the procurator-general can not obey the decision of the procuratorial committee, that is, the procurator-general and the procuratorial committee are in a parallel relationship, while the Organic Law of the People's Court expressly stipulates that the president must obey the decision of the judicial committee according to law. At the same time, the reform of the judicial committee is developing in the direction of trial and specialization, which has formed an increasing gap with the reform of the procuratorial committee. Secondly, in the operation mode of procuratorial power, the performance is: the procurator-general is in charge of a department (branch), the deputy procurator-general or the procurator-general is in charge, and he listens to reports at different levels. The person who undertakes the case cannot decide whether to undertake the case, which shows the characteristics of examination and approval by the administrative organ. Finally, the prosecutor does not have the relative independence of the judge, and the judge implements the judge's sole trial system under certain conditions. ?

Another commentator pointed out:? In the distribution of cases, there are still more arrangements by department leaders and less corresponding distribution by classification; Some simplified trial cases must be submitted to the head of the office and the attorney general for approval. Besides, despite recent years? Attorney general's responsibility system for handling cases? It has been fully implemented, but there is still an administrative tendency in management. For example, the personnel combination of the chief prosecutor's case-handling partner is mostly organized, so it is difficult to choose two ways. If the chief prosecutor finds that the personnel of the organization are incompetent, he has no right to terminate the cooperation relationship. Another example is that some procuratorial organs frequently mobilize the backbone of procuratorial business, which makes them have to give up their familiar majors and get familiar with new posts again. In this way, it is not conducive to the professional construction of procuratorial work, nor to the stability of procuratorial work posts. ?

Therefore, we believe that in the new round of judicial system reform, we should take justice as a direction of procuratorial system reform, strengthen the judicial attribute in the operation of procuratorial power, reduce its administrative attribute, and change the phenomenon that the so-called case handlers can't finalize the case and the decider doesn't undertake it. Accordingly, the judicial attribute of the case management right will be strengthened and the administrative attribute will be weakened accordingly. It should be said that the weakening of administrative color in case management is one of the key points to improve case management. In addition, to dilute the administrative color of case management, it is necessary to strengthen internal supervision and restriction, because any power has the nature of self-expansion and has expanded to the controlled border, and supervision and restriction are effective means to control power crossing the border.

The problem of lagging information construction of case management is deeply felt by the investigators of procuratorial organs. Although the national procuratorial organs have started informatization construction since the 1990s, the effect is not ideal, and the unified informatization management is still not perfect. The reasons for the above problems are as follows: first, the ideological understanding of managers has not yet adapted to the requirements of informationization; Second, because the information management system and working mechanism are not perfect; Third, because the basic network facilities are imperfect; Fourthly, due to the insufficient development and utilization of information resources, the scale benefit of informatization has not been highlighted. Therefore, strengthening information construction is also the only way to improve case management.

As some scholars have pointed out:? Procuratorial practice urgently needs special departments to undertake the functions of data statistics management and analysis, realize the information exchange among the procurator-general, various business departments and relevant supervision departments, enjoy and feed back the case information in time at different links and stages, help all departments improve their work efficiency and facilitate the guidance of higher-level procuratorial organs. By strengthening the informatization construction of case management, collecting, summarizing and analyzing all kinds of information in the process of case management, tracking, counting, analyzing and studying the efficiency of law enforcement and handling data, we can find out the problems existing in handling cases, provide forward-looking suggestions for the macro-decision of the procurator-general and the procuratorial Committee, help the case-handling department to strengthen information communication and feedback, establish an information exchange mechanism and information sharing mechanism for major business activities with business departments, and make maximum use of internal information resources. ?

Regarding the humanization of case management, the researchers of procuratorial organs have released? People-oriented management? Voice advocates drawing lessons from people-oriented management mode in case management. The so-called humanistic management mode refers to:? In the process of management, it is necessary to establish an overall humanistic view, which not only attaches importance to people's value and freedom, but also takes meeting people's needs and all-round development as the starting point and purpose, gives full play to people's initiative and initiative, and realizes people's all-round development and the progress of enterprises and society. What is the essence? Light up the brilliance of human nature, return to the value of life and create prosperity and happiness? . ?

The essence of humanistic management theory lies in taking people as the starting point and purpose of management, respecting people's personality and value, creating conditions to realize people's all-round development, educating, guiding, inspiring, shaping and perfecting people; Flexible management means should be adopted, that is, according to people's psychological and behavioral characteristics, the object of management should be recognized and obeyed in a non-mandatory way to mobilize the consciousness, initiative and enthusiasm of the managed.

The author believes that the implementation of humanistic management mode in case management is to fully respect the independence of prosecutors, because? In a sense, the independence of procuratorial organs is the independence of prosecutors. Without the independence of prosecutors, it is difficult to realize the independence of procuratorial organs? ,? The independence of procuratorial organs includes both external independence, that is, prosecutors only obey facts and laws and are not interfered by any state organs, institutions, social organizations and individuals, and internal independence of prosecutors, that is, prosecutors enjoy full autonomy within their own functions and powers, and are not interfered by other prosecutors or superiors of procuratorial organs, and the accountability they accept should be subject to afterwards? . In addition, we should establish the concept that management is service. Managers should provide good services and guarantees for prosecutors in handling cases from all aspects, care for prosecutors in life and solve their worries.

Regarding the refinement of case management, some scholars believe that the current case management should be changed from extensive to refined. Second, first of all, we should use modern information technology to innovate management methods, improve management level, improve the software that adapts to case management, realize online operation of handling cases, and conduct online control over all aspects of handling cases. In addition, it is necessary to standardize the details and realize the refinement, quantification and standardization of the handling process.

Regarding the implementation of the reward and punishment mechanism in case management, some local procuratorial organs have some problems, such as the inconsistency between the evaluation of some units and the reward and punishment management department, which leads to the disconnection between the evaluation and the reward and punishment, but some local procuratorial organs have made useful explorations. For example, the People's Procuratorate of Qingzhou City, Shandong Province, according to the results of case evaluation, implemented reward and punishment measures to urge police officers to handle cases according to law and improve the level of handling cases. The hospital has developed a case management software, which records the results of case quality evaluation in the individual law enforcement files of police officers, and brings them into the annual performance evaluation of case handlers and related business departments, which is linked to the evaluation, promotion and reward of police officers. If there is a problem with the quality of handling cases, necessary punishment shall be taken according to the nature, degree and consequences of the quality problems of cases. It should be said that the application of case quality evaluation results is the basic guarantee for the function of case evaluation. Only in this way can we have an effective incentive effect, otherwise the so-called case quality evaluation will only be in vain.

To sum up, the so-called case management refers to the activities that the procuratorial organs control, organize, coordinate, supervise and handle the law enforcement case-handling activities in accordance with the relevant provisions, so as to ensure the quality and efficiency of cases and improve the legal supervision ability and law enforcement credibility. This paper analyzes and discusses the problems existing in current case management and their solutions, and puts forward some views on improving case management on the basis of absorbing relevant research results from academic circles. We believe that at present, there are still some problems in case management, such as case quality evaluation, case management administration, case management refinement, case management humanization, case management informatization construction lagging behind, and case management reward and punishment mechanism not being implemented in place. These problems need to be solved urgently. Only by solving the above problems can we gradually improve the case management. It should be pointed out that the current changes in case management reflect the following characteristics: First, from extensive management to fine management; The second is the change from compulsory management to service management; The third is to change from traditional management to information management; Fourth, change from regular management to standardized management; Fifth, from decentralized management to systematic management, the ultimate goal is to realize humanization, scientificity and standardization of management, thus improving the quality and efficiency of law enforcement and promoting judicial justice.

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