主审法官责任制的理论逻辑与制度设计

On the Theoretical Logic and Institutional Design of Presiding Judge Accountability

实行主审法官责任制应赋予主审法官独立裁判案件的权力,由其对所审理的案件负责,改变"审者不判、判者不审"的审判分离现象,以有效去除审判权运行机制的行政化,提高法院的审判质量。同时,应加大对法官职业的保障力度,增强法官的主体地位,提高法官自身的职业荣誉感,使法官真正热爱司法事业;法官在行使审判权时要接受来自社会各方面的监督,通过司法公开,主动接受监督,以公开促公正,提升司法公信力。

This paper argues that the implement of the presiding judge accountability system,the presiding judge should be given the right to independent judge case and responsible for the hearing of the case,to change the phenomenon of separating sentence from trial that featured by ＂trial were not sentenced or sentenced without trial＂ trial separation, which can effectively remove the jurisdiction of running administrative mechanisms and improve the quality of the trial court.At the same time,increase efforts to protect judges professi0n,enhance the dominant position of judge and improve the judge＇s own professional sense of honor which can really make the judges love the judicial career;By increasing the intensity of open justice,voluntarily accept supervision to public promote justice, enhance the credibility of the judicia- ry, the judge in the exercise of judicial power accept supervision from all asl3ects of society.