司法职业化与民主化

我国从清未即开始构建现代意义上的法院,但至今仍不尽人意。一个重要原因是没有处理好法官职业化与司法民主化之间的关系。文革以后至今司法建设所走的路线总体来说为司法职业化。由于未配合以司法民主化建设,导致司法职业化尚未成型,司法官僚化严重。克服此弊病的努力方向应当是司法民主化建设。司法建设在强调法官职业化的同时,必须高举司法民主化的旗帜。法官职业化与司法民主化的制度结合点在于陪审制。陪审制不仅仅是一项司法制度,更是一项政治制度。

Since the end of Qing dynasty, we China have tried to construct the court institution in modern sense, yet up to now it doesn＇ t work well. An important reason for the failure is that we fail to deal with the relation between the professionalization of judges and the democratization of judicatory. Generally speaking, the construction of judicatory has moved along the path of professionalization of judicatory since the Cultural Revolution. However, without the cooperation of the construction of democratization of judicatory, the professionalization of judicatory didn＇ t come into being, rather, it has brought bureaucracy heavily. To solve it, we should construct the democratization of judicatory. The conjunct point of the professionalization of judges and the democratization of judicatory is the jury system. Jury system is not only a judicial system, but also a political system.