论法官与审判辅助人员权责配置模式的科学建构

On the Scientific Construction of the Power and Responsibility Allocation Model of Judges and Judicial Assistants

人民法院公正、高效地行使其审判职能,关键是要厘清法官与司法辅助人员的工作权限,对法官和司法辅助人员的职责进行合理分工。法官与司法辅助人员的职责界分,应当以法院事务分类为前提,并按照法院事务的不同性质进行人员的分工。通过对审判事务的性质进行分析,明确核心审判事务和辅助审判事务的区别及相应的职责要求,进而对法官与审判辅助人员的职责分工进行重新调整,科学建构法官与辅助人员权责配置模式。

The people＇s court uses its judicial functionst fairly and effectively,which is important to clarify the work rights of judges and judicial assistants, rational division of responsibilities of judges and judicial assistants. The division of responsibilities between the judges and the judicial assistants should be based on the classification of the court affairs, and the division of labor according to the different nature of the court affairs. Through the analysis of the nature of judicial affairs,the differ- ences between the core judicial affairs and the auxiliary judicial affairs and the corresponding duties are defined in order to readjust the division of responsibilities between the judges and the judges, construct the power and responsibility allocation model of judges and auxiliary staff scientifically.