主审法官办案责任制的现实困扰与治理——基于基层法庭视角的考察

Dilemma and governance of responsibility system of trial judge: In the view of the people's tribunal

实行法庭主审法官办案责任制是确保"让审理者裁判,由裁判者负责"的有益探索,有助于解决司法行政化、司法责任的承担和办案质效低的问题。目前基层法庭主审法官办案责任制试点还存在办案机制亟待进一步细化和规范、主审法官独任案件范围亟待明确、办案责任的内部监督和惩戒存在缺失、办案责任的保障机制有待健全等现实困扰,亟待在主审法官办案机制、裁判案件范围、内部监督和保障制度上多管齐下,辩证施治。

The implementation of the responsibility system of the trial judge in the grass-roots tribunal is good for exploration of “the inquisitor to do the judge, the judge to response”, useful for solving the problems of the administration of justice, the judicial responsibility undertaken, and the low efficiency of case handling quality and efficiency. At present, there are many real troubles in the pilot of the responsibility ：system of the trial judge in the grassroots tribunal, such as, lack of elaboration and specification of the handling mechanism of inquisitor, the ambiguity of sole case＇s scope, deletion of internal supervision and disciplinary, and the infirmity of the security system. In order to solve these problems existing in the handling mechanism of the inquisitor, the scope of cases, the internal supervision and the security system, we need dialectical implementation and administration.