司法责任制改革中的法官问责——兼评《关于完善人民法院司法责任制的若干意见》

On Judge Accountability under the Reform of Judicial Responsibility System:Along with Comments on the Opinions on Improving Judicial Responsibility System in People's Courts

传统司法实践中,法官问责名目混乱。法官责任的性质应当是一种"办案责任",或者"司法过错责任"。法官问责制度的建构应当采取以下原则:错案责任追究严格化;信访责任追究退隐化;纪律责任追究实效化;法官问责规范统一化。此外,应当确立"二元双层"的法官问责基准,并采取宏观与微观相结合的方式建构法官责任豁免制度。《关于完善人民法院司法责任制的若干意见》对法官问责的规定定位欠妥,范围失当,缺乏对违纪审判责任、违法违纪执行责任的规范,法官问责基准不明晰,尚未建构起一个内容全面、体系合理的法官问责制度,难以有效地矫正法官问责的实践偏差。应当研究出台一部"法官惩戒法"。

In traditional judicial practice,there was a lot of confusion on judge accountability.The nature of judge responsibility should be a ' case-handling responsibility',being collectively referred to as 'handling quality accountability' or 'judicial fault accountability'.The construction of judge accountability system should take the following basic strategies;strict misjudged cases accountability;dependent letters and visits accountability;effective discipline accountability;unified judge accountability norms.Besides, ' dualistic and two-layer' judge accountability criteria and a judge liability exemption system should be established.The provisions about judge accountability in the Opinions on Improving Judicial Responsibility System in the People's Court not only had an improper position,but also covered an improper range,and lacked provisions on accountability of discipline violation,as well as accountability execution.A judge accountability institution with complete content and a reasonable system has not been constructed yet,which inevitably results in difficulties in correcting practical deviation of judge accountability,so that it's emergent to study and issue a unified Judges Disciplinary Law.