德国司法行政制度的构造和职能探析——兼谈对我国司法行政制度的改革

Study on the Structure and Function of German Judicial Administrative System——Also on the Significance as Reference to the Judicial Administrative System Reform in China

不同于英美法系把司法部作为法律事务总机关,德国司法部主要以立法工作和法院行政事务管理为主要职能。德国这种司法行政制度模式,既合乎法治原则,又对司法权各组成部分分配得当;既保障了审判权的独立公正行使,又很好维护了法律的尊严,是司法行政制度成功构造的典范。我国在为追求司法公正而进行的司法体制改革过程中,学习借鉴与我国制度风格更近似的德国司法行政制度经验,改变我国目前的"弱"司法部构造,对于恰当分离审判权、支持和保障司法审判权客观公正行使,具有积极意义。

Different from the Anglo-American legal system in which the ministry of justice is the general organ of legal affairs, German ministry of justice mainly undertakes the functions of legislative work and the court administrative management. This judicial administrative system model not only comports with the principles of rule of law, but also distributes the various parts of the judicial power properly; and it not only guarantees the independence and impartiality of the judicial trial, but also safeguards the authority of the law. Therefore it is a successful model of the judicial administrative system. If we can learn from the German judicial administrative system which is more approximate with our country＇s judicial administrative system style in our reform of the judicial system, it would positively help to change China＇s current ＂weak＂ department of justice mode, and separate the jurisdiction properly, and then support and guarantee the exercise of the jurisdiction objectively and impartially.