台湾法官个案评鉴制度对大陆司法责任制改革的启示

The Enlightenment of Judge's Case Evaluation System in Taiwan to the Reform of the Judicial Responsibility System in Mainland

大陆司法责任制改革的趋势是构建与台湾相同的法官职务监督模式,即在传统的以审级和考评/考绩监督为主的内部监督机制之外,建立以追责和惩戒为内容的外部监督机制。被誉为新一轮司法改革"牛鼻子"的完善司法责任制改革,目前仍面临如何处理法官职务监督与审判独立的关系、如何看待法官责任追究机制的功能与作用、追究何种法官责任、由谁追究以及如何追究法官责任等难题。台湾法官个案评鉴制度的规范内容及其在实践运行中的成败得失,可为大陆司法责任制改革提供启示与借鉴。

The trend of the judicial responsibility system reform in the mainland is to construct the same judicial post supervision mode as Taiwan. This means that,in addition to the traditional internal supervision mechanism which is based on the peer review and the evaluation/performance supervision,an external supervision mechanism with accountability investigation and punishment as its content should be established. The new round of the reform of the judicial accountability system is still faced with such problems as how to deal with the relationship between the judge’s position supervision and the trial independent,how to judge the function and role of the judge’s accountability mechanism,what kind of judicial accountability should be investigated,who should look into the judicial accountability,and how the judicial accountability should be investigated. Therefore,The rules of judge’s case evaluation system in Taiwan and its practical experience can provide enlightenment for the reform of judicial accountability system in mainland.