论主审法官办案责任制：概念厘清、角色责任及规则生成逻辑

On the Concept Clarification,Role Responsibility and Rule Generation Logic of the Trial Judge's Responsibility System

"主审法官办案责任制"是当前司法改革的热点议题。在厘清该制度概念内涵的前提下,明确主审法官所扮演的三重制度角色具有重要意义。实际上,主审法官在办案过程中同时扮演着"展开事实认定的认知主体""执掌法律尺度的司法官员""作为公正模范的道德化身"等三重制度角色。这三重制度角色分别决定了主审法官应当承担不同性质的相应责任,大体而言,即认知行为责任、身份行为责任和道德行为责任。唯有将这三重制度角色与其相应责任归属界定清晰,才能真正把握该制度的结构内核和规则生成逻辑,进而才能建构出科学合理的"主审法官办案责任制"。

The Responsibility System of Trial Judge is the current hot topic of judicial reform. Under the premise of clarifying the conceptual connotation of the system, it is of great significance to clarify the triple institutional roles played by thetrial judge. In fact, the trial judge in the process of handling a case plays as “a cognitive subject engaged in fact-finding”,“a judicial official who is in charge of the legal standards”, “a moral incarnation as a fair model” at the same time. Thetriple role system determines that the trial judge should bear the corresponding responsibilities of different nature, in general, that is, cognitive behavior responsibility, identity behavior responsibility and moral behavior responsibility. Only by clarifying the triple role system and its corresponding responsibilities can we grasp the inner structure and rule generationlogic of the system, and then we can construct a scientific and reasonable Responsibility System of Trial Judge.