审判管理:功效、局限及界限把握

Trial Management:Functions, Limits and Boundaries to Grasp

审判管理是对审判活动的组织、协调和监督。当前加强审判管理的特点,包括审判管理组织与管理措施的强化,管理的严格性与精细化程度的提高,信息平台的构建与技术手段的充分利用,管理活动中行政元素的强化以及对审判的渗入。这种状况既有国家管理的宏观背景支持,又有法院自身的原因。其现实意义是有利于保障审判的公正、效率、廉洁和司法统一性。但也有不符审判规律及不规范的问题,还可能扭曲审判行为。应当从"法院逻辑"即"裁判逻辑"中寻求司法建设的常识,重视审判资源配置,强化基础意识防止轻重倒置,同时继续按照司法规律推动法院改革;注意审判管理重在审判权外部展开,实现"以外促内";限制和规范审判管理权干预案件的实体处理;正确把握评查与考绩的方法与限度。

Trial management is the organization, coordination and supervision of trial activities. Presently, the strengthening of trial management has several characteristics, that is, the strengthening of trial management organizations and measures, the improvement of the strictness and elaboration in management, the establishment of information platform and full exploitation of technological approaches, and the strengthening of administrative elements in management activities and its pervasion into trial activities. Such a situation results from both the macro--background of state management and the needs of the court system itself. The positive side of this situation is that it can guarantee the fairness, efficiency and probity in trial and the unity of justice. However, it may also deprive personal experience in trial and hinder independence of judgment, thus affect the quality of decision. Moreover, it may cause unrighteous trial and trial management, suppress the initiative and sense of responsibility of trial personnel, and bring about some kind of ＂route-reliance＂ and a vicious circle. From a relatively reasonable angle of view, the targets of judicial improvement should be based on the law of justice, For this purpose, we should seek common sense of judicial improvement in the＂trial logic＂. We should attach importance to the allocation of trial resources, strengthen basic awareness so as not to put the cart before the horse, and keep promoting court reform according to the law of justice. To find a relatively reasonable boundary between the power to adjudicate and the power of trial management, and to realize appropriate interaction between them, we should be aware that trail management should not interfere with the power to adjudicate, limit and regulate the interference in the substantial handling of cases by the trail management power, and handle correctly the method of and limits on performance appraisal.