法官离职问题研究

An Investigation into Judges' Resignation from the Bench

在当下的司法体制改革中,一些法院出现了法官因不愿意继续从事审判工作而离开法院去其他国家机关、社会团体、企业事业单位任职或者要求提前退休的现象。这一现象已成为社会关注的热点问题之一。法官离职包括辞职、缘起于本人的组织调动、提前退休三种情形。辞职与组织调动在离职后的去向上存在很大差异。工作压力大、收入低、尊荣感缺失是导致法官离职的主要原因。应当客观地判断是否存在法官"离职潮",理性地认识法官离职与员额制改革、司法责任制改革的关系。员额制、司法责任制改革有助于把法官留在法院,随着改革的进一步推进,较大规模的法官离职现象将成为历史。

In the current judicial reform, some judges choose to transfer from the court to other governmental departments, social organizations, public institutions or enterprises and others apply for an early retirement. This has attracted wide public attention. In addition to job transfer mentioned above, some judges even choose to resign completely, no longer seeking a job in public sectors. Our investigation reveals that their resignations are mainly caused by job-induced high pressure, low payment and lack of honor. It is advisable to objectively determine whether there is a wave of resignation in the court system and to rationally understand the relationship between their resignation and the current judicial reforms concerning the judge quota system and accountability system, which will help keep the judges staying at their positions. With the progress of the reforms, it is anticipated that judges will not resign from their positions on a large scale any more.