当前中国法院法官员额制度若干实践问题探析

A Probe into the Current Problem Related to the Quota System of Judges in the Court in China

法官是司法活动的主体,法官制度具有相当的重要性。随着中国司法改革的推进,法官制度改革尤其是法官职业化建设成为中国法官制度发展面临的一大课题,基于中国法官问题的特殊性,法官员额制度作为一项改革试点逐渐提上日程。在实践中,中国法院法官员额制度是与法官助理的设置制度密不可分的,试点法院运行法官员额制度和法官助理制度已取得初步的成效,不同试点法院的运作模式也各有千秋。但同时,法官员额制度试点实践中也存在着一些难以克服的问题,因应之道也是并非完善的。对此,本文针对实践中显现出来的几个突出难题,包括法官员额的制度合法性问题、法官员额数量计算标准问题、法官员额制度实施中法院党务以及司法行政后勤人员的问题、法官员额制度的社会认同问题进行了思考,提出了应对思路。

The judge is the subject of the judicial action, so the judge system is really important. As the judicial reform goes ahead, the reform of the judge system, especially the construction of the professional judges becomes the main research topic. Therefore, due to the special features of the judges in China, the reform of the personnel system has become more and more appealing. In reality, the personnel system and the judicial assistant system have a very close relationship, and both of them have achieved elementary effect in the reform, while there are different models for themselves. Besides, there are so many insurmountable problems in the judicial reform. So, this paper analyzes some distinct problems such as the validity of the judge personnel system, the calculating standards for the judges, the nature of the Party affairs and the administrative personnel in the process of perfecting the judge personnel system, and the social identification of the personnel system. Finally, it puts forward some counter-measures for these problems.