专业法官会议如何走出“形式化”怪圈

How to get out of the “formalization” circle for professional judges' meeting

为促进专业法官会议从理论走向实践,各级法院不断探索和先行先试专业法官会议,取得了较好的效果。但是,囿于没有明确的法律依据、功能定位紊乱以及议事规则不严谨等因素,专业法官会议在具体运行中呈现出明显的仪式化和形式化色彩,即重形式轻实质,重政绩轻实效,并没有真正发挥其解决疑难杂症的效用。为落实专业法官会议制度,应当在客观分析专业法官会议制度运行的实际情况下,探究制度运行的实际障碍和原因,积极回应各方关切,吸收合理建议,从专业法官会议性质界定、机构设置和职能定位等静态要素,以及专业法官会议人员配备、议事范围和议事规则等动态要素两个方面优化专业法官会议制度,以期建构能够为合议庭提供有效智力支持的制度。

In order to promote the professional judges＇ meeting from theory to practice, professional judges＇ meet- ings are constantly explored and piloted in the courts of all levels, which have achieved good results. However, due to the absence of clear legal basis, functional orientation disorder, the lack of rigorous rules of procedure and other factors ,the professional judges＇ meeting has showed ritual and formalized color in the specific operation, that is focusing on the form but not the effect, then has not really played its role in solving incurable diseases. In order to implement the system of professional judges＇ meeting ,we should explore the actual obstacles and causes of the operation of the system, with the analysis of the actual operation of the system of the professional judges＇ meeting, respond to the concerns of all parties and take reasonable suggestion. We should optimize the profession- al judges＇ meeting from the definition of the nature of professional judges＇ meeting, the structural setting, the functional niche and other static factors, as well as the staff equipment for the professional judges＇ meeting, the scope of the proceedings, the rules of the proceedings and other dynamic elements, in order to build a system to provide effective intellectual support for the full court.