选定法官与法定法官——由我国台湾地区选定法官制度谈祖国大陆民事程序改革

Judges Chosen by the Parties and Judges Appointed by the Court

我国台湾地区于2003年6月5日公布了《民事诉讼合意选定法官审判暂行条例》,这在世界范围内是一项创新性制度,该制度反映出了对当事人程序主体地位的保障,充分尊重了当事人对程序的选择权。我国的司法审判方式改革已经进行了十余年,在我国《民事诉讼法》修改之际,通过借鉴我国台湾地区的司法制度改革,我国民事诉讼法的修改应提升公众对司法的信赖度、对裁判的信服度和接纳度,充分体现对人权的保障,在司法改革中坚持合宪性要求。

The Provisional Regulations of Choosing Judges by the Consent of Parties in Civil Proceedings was enacted on 5, June 2003 in Taiwan. It is really a unique institution in the world, embodying the parties' control of the action and respect for the parties' right to choice of procedures. The civil procedure reform in China has been carried out for more than 10 years. Based on the observation of the methodology of the reform of institutions in Taiwan, this paper concludes that while amending China's Civil Procedure Act, we should target on the reliability of the judiciary and the persuasion and acceptance of judgments, pay heed to the protection of human rights and maintain the requirements of the Constitution in the judicial reform.