刑事裁判权主体初论

On Subject of Criminal Judging Power

刑事裁判权的主体是裁判机关,但其又依靠具体裁判组织行使职权。我国法院与裁判组织设置方面存在法院地方化、审判委员会裁判案件、陪审员虚置等问题,笔者提出的完善建议是:1.将法院的人事权和财政权收归法院系统,依据司法管区设置地方法院;2.调整审判委员会职权,取消其裁判重大疑难案件的权力,并建立同级法官会审制度;3.陪审员应当有权参与庭前审查工作,并针对部分案件设立陪审团制,使其与原来的参审制形成优势互补。

The subject of criminal judging power is judging organs, but it employs its power by concrete judging organizations. Establishment of courts and judging organizations in main countries nowadays is influenced by some substance, such as political system, history tradition, foreign laws and laws of criminal action itself. There are some problems on establishment of courts and judging organizations in our country, that is, courts are controlled by local governments, the judging commission judges cases, the jurors cannot develop functions fully. This can be reformed by： （1）making the personnel and financial power belong to the courts system, establishing courts according to judicial districts; （2）regulating the power of judging commission, dele ting its power of judging serious and difficult cases; （3）making jurors have the power to participate in reviewing cases before judging, and establishing jury system in order to complement defects of existing system.