司法建议制度之重塑

Reinvention of Judicial Suggestion System

以首届"全国法院优秀司法建议"为样本对司法建议进行了实证分析。认为当下司法建议制度的实践、立法与理论研究的发展极不协调;司法建议应遵循司法权的本质规律,以不越权代人处理为限;《人民法院组织法》的修订应该进一步明确司法建议所具有的事实告知与法律建议的双重属性;应逐步清理与统一司法建议的规范体系,不宜将建议内容拓展至法律问题之外的具体行政管理事务之中。

An empirical analysis was made on the judicial suggestions based on the first national excellent judicial suggestions.It concludes that,the practice of the current judicial suggestion system is extremely uncoordinated with the development of legislation and theoretical research;judicial legislation should follow the essential law of judicial power and should not be dealt with by ultra vires;the revision of the Organic Law of the People's Court should further clarify the dual attributes of judicial suggestions and legal suggestions;it is necessary to gradually clean up and standardize the system of judicial suggestions and should not expand the suggestions to specific administrative matters other than legal issues.