法官员额退出类型分析与程序构建

Typed Analysis and Procedural Construction of Quiting from the Judge Quota

员额退出是伴随司法体制改革推进产生的一个中国特有的、特定时间段的过渡性概念。研究员额退出机制前提是明确员额退出与法官职务免除的区别,法官员额退出并不必然导致其法官身份的消失,不违背《保护司法人员依法履行法定职责规定》精神。科学合理的员额退出机制,是优化员额法官队伍整体素质的必然要求、化解人案矛盾的有效手段、兼顾法院不同群体利益的必要调节措施。员额退出可分为自然退出、自愿退出、考核退出、惩戒退出和违纪违法退出五类情形,应从实体和程序两个方面作机制构建。

The quit from the judge quota is a unique Chinese specific transitional concept with the promotion of the reform of the judicial system.The premise of the study of the mechanism of quiting from the judge quota is to clarify the difference between the quit from the judge quota and the degradation of judge status.The quit from the judge quota does not necessarily lead to the disappearance of the status of judges,and does not violate the spirit of the Protection of Judicial Personnel in Performing Statutory Duties.The scientific and reasonable mechanism quit from the judge quota is an inevitable requirement for optimizing the overall quality of judges,an effective means to resolve the overloaded workload of judge,and a necessary adjustment measure to take into account the interests of different groups of the court.The quit from the judge quota can be divided into five categories:automatically quit,voluntary quit,assessment quit,disciplinary quit and quit because violation of discipline and law.The quit from the judge quota should be constructed from substantive field and procedural field.