裁判请求权保障与法院审判人员的优化配置

On Guarantee of the Right of Access to Justice and the Optimized Allocation of Adjudicatory Personnel

在实行法官员额制改革过程中,必须一并考虑法院审判人员的分类管理和优化配置问题。在民事诉讼中,为保障公民的裁判请求权,对于民事纠纷案件的审理,必须配置入额法官;对于非讼案件的审理、诉前或审前的法院调解以及立案登记等程序事项的处理应交由司法实务官进行,从而让法官专注于民事纠纷案件的审判,以更好地落实公民的裁判请求权保障之宪法理念。司法事务官不同于助理审判员,其不能审理所有的民事案件;司法事务官也不同于法官助理,司法事务官不是法官的助手,其可以依法独立行使职权。司法事务官不是宪法意义上的处理民事纠纷的法官,司法事务官不必进入法官员额。

In the process of reforming judge personnel management system, the systematic manage- ment and optimized allocation of adjudicatory personnel must be considered at the same time. In civil pro- ceedings, in order to protect the right of access of citizens, the trial of civil disputes must be assigned to the judges ; and to better implement the constitutional concept of the protection of citizens ＂right to claim, non- litigious cases＂ heating or pre - trial court mediation and case filing relevant procedural matters should be undertaken by judicial officers, so that judges could focus on the trial of civil disputes. Judicial officer and judge are both judicial personnel, while unlike assistant judge, judicial officer can not hear all civil cases. The judicial officer is also different from the law clerk, he is not an assistant to the judge and can independ- ently exercise its powers according to law. In a civil dispute, judicial officer is not a judge in the constitu- tional sense and there is no need for him/her to enter the posts of judges.