专业化审判改革的实践检视及优化路径——基于专业化审判典型法院和103份调查问卷的研究

The Practice Review and Optimization of Professional Trial Reform——A Research Based on Typical Court of Professional Trial and 103 Questionnaires

专业化审判改革是一项系统工程,是人民法院内部优化职权配置、破解"案多人少"矛盾的重要举措,是外在审判主体和内在审判机理的有机统一。推进该项改革需要对司法实践中开展专业化审判的典型法院进行"解剖麻雀"式分析,明确立论基础,把握好与审判需求、审判资源、司法改革、审判能力以及繁简分流的关系,从审判主体、审判主题、审判人员、审判机制、审判能力、工作联动六个维度对改革实践进行检视和完善。

Professional trial reform is a systematic project. It is an important measure which can optimize functions of powers within the people’s court, to solve the contradictions between the cases and the judges, forming a system that contains trial subject and the mechanism. At present, to pro-mote professional trial should do a detailed analysis on the typical courts which promote the profes-sional trial in judicial practice, to further clear theoretical foundation, and then clarify the relation-ship between professional trial and cases, judicial resources, judicial reform, judicial ability, the difference between complexity and simpleness, from six aspects to build the professional trial model ： the specialized subject, the theme,the judges, the mechanism, judge ability, job security.