为政之要,惟在得人。检察官依法行使法律监督权,肩负着维护司法公平正义的重要职责,建立和完善以激发检察官尽责履职积极性为主要目标的检察官等级晋升机制,有利于提升检察官办案积极性和办案质量,为实现中国特色社会主义法治建设提供坚实保障。自2015年检察官员额制改革以来,一批乐于奉献、专业精通的人才充实到员额检察官队伍当中,检察官业务水平和结案率明显提高,改革取得了良好效果。但随着检察官案件压力日益繁重,等级晋升机制也暴露出一些问题,比如激励作用发挥不足、基层检察官相对获得感低等,影响了检察官队伍建设和办案效率。针对这些问题,本文首先剖析了检察官等级晋升机制运行流程,借鉴激励理论、我国公务员激励理论等主要内容,构建了检察官等级晋升机制激励研究框架。其次,在此基础上设计和开展问卷调查,收集和梳理了561个调查样本,通过非参数检验来分析现行等级晋升机制中激励作用发挥情况,本文研究发现:检察官工作履职主动性能够被激发,基本认可现行考核制度的科学性,但普遍认为公平性有待提高;组织奖励发挥了作用,但制度约束发挥不明显;个人发展需要被一定程度满足。然后,通过有序逻辑回归来研究发挥作用的主要方面对员额等级晋升的影响,本文测算得出:单位级别、学历、职业成就感、业务能力等方面有利于提升了等级晋升的概率;工作量、主动承担工作、惩戒效果对现任员额等级影响不显著。最后,针对晋升机制的不足,提出了建立实施科学全面的业绩考核体系、构建相对独立的晋升体系、优化等级晋升条件和注重加强精神激励。本文创新地提出了检察官员额等级晋升机制激励研究框架,并根据研究框架设计和开展了问卷调查,通过非参数检验和有序逻辑回归进行测算和分析调查结果得出研究结论。这是将现代管理学激励理论引入司法队伍建设的有益尝试,补充了目前检察人员队伍管理方面激励机制研究不足,对公务员队伍管理激励机制研究具有借鉴和参考价值。
The excellent person play a pivotal?role in government management. Prosecutors play a crucial role in the administration of justice and protecting human rights. Ultimately, the judicial fairness and justice cannot be upheld without effective prosecution services that act with independence, integrity, and impartiality in the administration of justice. The establishment and improvement of prosecutor’s promotion mechanism with the main goal of stimulating prosecutors’ enthusiasm for fulfilling their duties contribute to fair and equitable criminal justice and the effective protection of citizens against crime, laying the foundation for judicial system of China characterized socialism.Since the reform of the promotion system for prosecutors in 2015, the number of prosecutor of integrity and ability have joint in.The overall professional qualifications of the prosecutor’s team and the case closure rate have been significantly improved. The reform has achieved good result. However, with the increasing pressure of prosecutors' cases, the current prosecutor ranking and promotion mechanism have also exposed some problems which are harmful to prosecutors’ the construction of the prosecutors team and the efficiency of case handling,such as insufficient incentives, inadequate resource and rewards for local prosecutors at lower levels.In response to these problems, this paper first analyzes the operating process of current prosecutor’s ranking and promotion mechanism and draws on the main content of the incentive theory”and the incentive theory of Chinese government employee,.Then constructs the research framework of the prosecutor promotion and rewards system.Based on the above, we conducted a survey of 561 samples including prosecutors at different ranking levels. Data is analyzed using non-parametric tests in seeking a better understanding of effectiveness of current promotion system. The survey shows that the current prosecutor evaluation mechanism is based on science and is effective in motivating prosecutors, but lacks of fairness in evaluating prosecutor’s performance. It also shows that the reward system has good influence, but lacks of effect in limiting prosecutor’s misconduct and prosecutor’s personal development has been recognized by the current reward system.Next, this paper studies the influence of the main aspects that play a role on the promotion of prosecutors using the ordered logistic regression model which has been built on the survey data. The model shows that factors such as ranking of the institution, prosecutors’ education level, professional accomplishment and job performance significantly contribute to the promotion of prosecutor’s ranking. Factors such as the amount of workload, taking the initiative to work and ineffective discipline contribute less to prosecutor’s ranking and promotion. Based on the study of the survey, this paper proposes a scientific and comprehensive prosecutors’ performance evaluation system, and a more independent promotion mechanism emphasizing prosecutors’ professional qualifications and motivation to overcome the disadvantages in the current ranking and promotion system. This paper innovatively proposes a research framework for the incentive mechanism of the rank promotion of prosecutors. According to the research framework, a questionnaire survey is designed and carried out. The research conclusions are drawn through the non-parametric tests and the ordered logistic regression to measure and analyze the survey results. This is a useful attempt to introduce modern management incentive theory into the construction of the judicial team, supplementing the current lack of research on the incentive mechanism of the prosecutor team management, and has reference value for the research on the incentive mechanism of the government employee team.