审判权运行机制去行政化路径探索

A Probe into the Operation of Judicial Mechanism without Bureaucratic Administrative Procedure

审判权运行机制改革是我国新一轮司法改革的重点。当前审判权运行机制行政化主要表现在案件审批制度行政化、法官地位行政化、上下级法院关系行政化等方面。审判权运行机制行政化降低了审判效率、影响法官独立行使审判权、不利于司法公正的实现、不利于构建健康的审级监督关系,造成"作出裁判的人不审理案件,审理案件的人无权裁判"。审判权运行机制去行政化要着力于转变思想观念,提高"去行政化"认识;完善审判权运行机制;以司法公开为手段,监督审判权独立公正运行;完善配套措施,约束和保障法官独立司法这四个方面推进审判权运行机制改革。

The reform of the operation of the judicial mechanism is the focus of a new round of judicial re-form in China.Currently,the administration of the operation of judicial mechanism refers mainly to the adminis-trative examination and approval system for the judicial cases,the administration of the status of the judge,the administration of the relationship between the upper court and the lower one,and the like.The bureaucratic ad-ministrative procedure of the operation of judicial mechanism has reduced the trial efficiency,and affected the in-dependent exercise of judicial power by the judge.It is not conducive to the realization of justice,and not condu-cive to the building of a healthy relationship between trial and supervision.As a result,it will lead to the situa-tion in which “those who render a final decision will not hear the case,and those who hear the case will have no right to judge”.To realize the operation of judicial mechanism without the interference from administrative proce-dure challenges the reform in four aspects：the change of traditional concept,and the raising of the consciousness of “removing bureaucratic administrative procedure”;the perfection of the judicial operation mechanism;the conducting of independent and impartial judicial supervision under the condition of maintaining open justice as a means;and the completion of supporting measures so as to restrict and safeguard the independence of judges.