论司法职权内部配置的优化

On the Optimal Allocation of Internal Relations of Judicial Functions and Powers

在每一轮司法体制改革中,优化司法职权配置的问题都作为改革的一项重要任务被提及,但是究竟如何优化司法职权配置,需要对司法实践中真正存在的问题进行深入地分析。权力本身是一种关系,优化司法职权配置的核心问题是如何正确处理司法职权与其他国家权力之间、司法职权内部不同主体之间的关系。本文在对司法职权内部关系进行深入调研和分析的基础上,从法院检察院上下级之间的职权配置、同一法院检察院内部不同主体之间的职权配置,以及司法职权与司法事务、司法职权与司法管理权、司法职权与司法监督权之间的权力关系等方面论述了司法职权内部配置的优化问题。

In every round of the judicial reform, the optimal allocation of judicial powers has always been mentioned as an important task. However, in order to find the way to optimize the allocation of judicial powers,we need to analyze the real problems in judicial practice deeply. Power itself is a kind of relationship. The core problem of optimizing the allocation of judicial powers is how to deal with the power relationship between judicial powers and other state powers, as well as the power relationship among different subjects within judicial authority. Based on the in-depth research of the internal relationship of judicial powers, we analyze from the aspects of 1) the allocation of powers between the superior and subordinate levels of the courts and the procuratorates, 2) the allocation of powers among different subjects in the same court and procuratorate, 3)the power relationship between judicial powers and judicial affairs, 4) the power relationship between judicial powers and judicial management power, and 5) the power relationship between judicial powers and judicial supervision power to expound the issue of the optimization of the internal allocation of judicial powers in this article.