论法官员额制的主体性向度

The Subjectivity Research of Judge Post System

面对"公正司法"和"个案正义"的时代呼唤,从人民法院的四个五年改革纲要的相继出台,到相关法律文件的不断完善和实施,再到法官员额制试点工作的全面铺开,法官员额制改革不断深化。员额制的技术性问题固然重要,但也要防止跌入为员额而员额,为改革而改革的误区。从主体性视角看,法官员额制的内在理路在于提升法官的主体性,即能动性和自主性。法官主体性不是孤立的抽象存在,它实现于法官与当事人、法官与法官或其他人员的互动之中。实现法官主体性的困难不在于法官员额制本身,而在于它的语境障碍,即相应配套改革措施的滞后。

Under the background of＂fair justice＂and＂case justice＂, from the four five-year reform outline of the peopldts court have been introduced to the full swing of the judge post system＇s pilot work, the reform of the judge post system has been deepened continuously. The technical problems of the post system are of course important, but we must prevent falling in- to the technical misunderstanding. From the subjectivity perspective, the internal logic of the judge post system is to enhance judgers subjectivity, namely motility and autonomy. The subjectivity of the judge is not an isolated abstract existence, it is re- alized in the interaction between the judge and the parties, judges and other personnel. The difficulty of realizing the subjectivity of judges is not in the system itself, but in the context.