现代司法目标与中国法院审判组织改革

The Target of Modern Justice and the Reform of Trial Organizations inthe Courts in China

中国司法在法院审判组织方面改革的核心问题,就是以确立现代司法为目的和根本要求,将法院内部与现代司法原则相悖的审判组织关系结构变革为以保障审判组织和法官独立行使审判权为目标的审判组织关系结构。应该按照审判独立的要求建构合议庭内部与外部的合理关系结构,以真正有效发挥合议庭的审判功能;应该在法院审判组织改革的整体性框架下,选择更宽阔的视野讨论审判委员会的职能和作用,以符合现代司法的建构与运作要求实现审判委员会自身的制度变革。

The core problem of the reform concerning the trial organizations in the courts in China is to change the relationship structure of the trial organizations in accordance withthe establishment of modern justice to meet the purpose and basic requirements. In other words, the relationship structure of the trial organizations should not be opposite to the basic principles of modern judicature, but take them as the aim to ensure the trial organizations and judges to exercise judicial power independently. The reasonable relationship structure of the collegiate panel inside and outside should be constructed according to the demands of trial independence in order to let the collegiate panel express their trial function effectively. It is necessary to take a wider view to discuss the function and the role of the judicial committee in the integral framework of the reform of the trial organizations, and totransform the system itself according to the demands of the construction and operation of modem justice.