合议庭职责和院庭长裁判文书签发权限制度的完善

Investigation on Improving the Function of Collegiate Bench and the System of the Purview of Subscribing Judgment Document

目前,大多数法院都实行了约束型放权式,这是符合客观条件和实际需求的选择,但是,现行合议庭职责和签发制度本身还存在很多不完善之处,需要对其进行理性的制度设计,以便能够在保障合议庭依法行使审判权、强化其主体地位的前提下,充分发挥院、庭长对于合议庭的监督、指导职责。

At present, most of the courts in China implement the mode of decentralizing power with restriction, which meets the need of the existing situation. However, there are a lot of defects in the present function of collegiate bench and the system of subscribing judgment document. It is necessary to amend the system reasonably so as to guarantee that the collegiate bench can exercise its jurisdiction abiding by law, to strengthen its importance. On this premise the chief justice and the presiding judge fully take the responsibility of supervising the collegiate bench.