法院人员分类管理体制与机制转型研究

Research on the System and Mechanism Transition of Classified Management of Court Personnel

肇始于20世纪末的法院人员分类管理改革并未取得预期成果。宏观层面人事、财政及司法行政管理的体制困局,中观层面机制改革有"分类"无"分类管理",微观层面法院内部治理的行政化桎梏是共同成因。下一阶段法院人员分类管理改革应实现体制与机制的转型,即司法行政管理体制由分散走向统一、分类管理机制由单一走向差异、法院内部治理由单轨走向双轨。

The reforms of classified management of court personnel, initiated from the end of the last century, have not achieved the expected outcomes. The foresaid failure can be explained in the following three aspects ： firstly, the reforms of classified management have encountered many predicaments in macro systems regarding personnel and finance. In addition, the reforms do not follow the professional rules of classified management. Last but not the least, the reforms have yielded to the executive character of the court internal administration. Therefore we have to transit the current system and mechanism of court personnel in three respects： First of all, we have to establish a unified judicial administrative system. Secondly, we have to abide by the professional rules of classified management. At last, we have to build a two - track inner administrative mechanism of court personnel.