未入额法官协助办案机制研究——兼论审判团队办案模式的优化

On the Assistant Trial Mechanism of Non-quota Judges-Partly On the Optimization of Trial Team

随着司法改革的蓬勃推进,囿于有限的员额比例,会有相当数量的现任法官将被裁汰出员额范围,成为未入额法官。但无论是要他们脱下法袍当"助理",还是辞"官"不做另觅他途,都会对原本就严重短缺的司法人力资源造成极大浪费。从分析未入额法官协助办案机制形成的现实条件着手,以协助办案机制现实运作困境为分析节点,来探讨完善团队办案机制的路径。

With the acceleration of judicial reform in China, a large proportion of current judges will be e- liminated from the post of judges and become the non - quota judges due to the implement of judge quota policy. However, whether to ask them to take off the judges＂ clothes and become assistant or let them resign from the post and find something new to do will be a great waste to the judicial human resource. This paper analyzes the current situations of non - quota judges assistance in trial practice and discusses the ways of improving the trial mechanism of team work.