执行专业法官会议制度的应然路径——以Q法院为样本的分析

The Proper Path to Implement the Professional Judges Meeting System ——Taking the Q Court As a Sample to Analyze

执行专业法官会议制度是落实司法责任制、优化执行资源配置以及完善执行权力运行机制的一项有益探索,也是执行权力"去行政化"改革的有效载体。通过样本分析发现,目前执行专业法官会议制度本身带有浓厚的"行政化"色彩,表现为运行上的"制度行政化"和司法人员的"心态行政化"。针对执行权力运行改革,发挥执行专业法官会议的预期作用,不仅应从规则设定和制度设计上进行形式改革,更要注重从权力架构重塑和职业伦理提升上进行实质改革,唯有如此才能达到司法"去行政化"的总体目标。

The implementation of the professional judges meeting system is an useful exploration to implement the judicial responsibility system,optimize the implementation of resource allocation and improve the operational mechanism of executive power,and is also an effective carrier for implementing the "removing administration" reform of power.However,through sample analysis,it is found that the current implementation of the professional judges meeting system itself has a strong "administrative" color,the existence of "institutional administration" in operation and the "administration of mentality" of judicial personnel.In view of the implementation of the power operation reform and the expected role of the implementation of the professional judges meeting,it is necessary not only to carry out "shape change" from the rule setting and system design,but also to focus on the "essential reform" from the reorganization of power structure and the improvement of professional ethics.Only in this way,can the judicial system achieve the overall goal of removing administration.