审判权运行机制改革深度透析

Discuss on the reform of judicial power operation mechanism

司法责任制被认为是本轮司法改革的"牛鼻子",在司法责任制的引领下推行员额制改革,倡导法官职业化、精英化理念,理顺并明确审判辅助人员的定位,是本轮司法改革的题中应有之义。显然,本次司法改革的重点仍然在于"人事"。令人遗憾的是,本次司法改革关于入额法官的定位、法官助理的定位并不清晰,这也影响着本次司法改革的有效推进。从司法运行的规律角度而言,入额法官除了应具有审判权外,还应具有案件管理和人员调配的权利。法官助理的定位应当是辅助人员,但应依据不同情况划分不同的工作范围,同时也应承担相应的司法责任,实现"权、责、利"相统一。而在现实的司法改革语境下,应当在审判组合的人员配置上实现动态化的管理,以期缓解激增的案件数量与人员客观减损的压力。江阴市人民法院"1+N+N"审判组合模式的探索符合这种人员调控规律,值得推广和借鉴。

The judicial responsibility systemis the key of the current judicial reform. The pattern which includes judge,judge assistant and clerkswill become the future of the basic structure form of trial running. At present,our nation＇s exploration of judicial power are based on this structure. Most of the exploration about the judicial power operation mechanism are on the portfolio model. The commonality of those exploration is making the assistant as to the core position in the trial combination which be determines by the operation of judge assistant. Unfortunately,due to the lack of response to combination case variable dynamic mechanism,the current trial exploration cannot effectively deal with the emergency. Even the purpose of judge training could not be effectively to realize. Inspectingthe judicial power operation mechanism in other country,we couldmake a conclusion that the mechanism of judicial power are based on the principle of judge professionalization,and the concept of eliteand judicial affairs are under the idea of labor division and cooperation. It is necessary that requirement the principle of judge professionalization judge in our country and assert assistant judges should be at the core in the judicial reform. The location of judgeshould emphasize how to control and configure the related resources in order to make the function of the trial team. The position of judge assistant should be as a staff who must be bear the corresponding legal responsibility based on dividingto different situation and different scope of work. In the realistic context of judicial reform,we should be in combination to realize dynamic management of personnel configurationin order to meet the surge of numbers cases and the objective of personal pressure.