基层法院庭长权责匹配冲突及耦合

Grassroots Court President s Power and Responsibility Matching Conflict and Coupling

司法责任制改革取消了庭长审批权,实现了权力下沉至一线法官的目的,但同时庭长却面临着不愿管、不善管的困境。其直接原因在于庭长权责匹配冲突,即权力小、责任大。具体表现为多重角色赋予其所承担的政治责任、基于法院目标管理带来的行政责任以及法官身份回归而需承担的法律责任,但并未赋予相应的权力。造成权责匹配冲突的根源在于在去行政化过程中对权力关系的简单化处理,导致法院外部压力型任务注入与内部平权式治理之间的矛盾;法院功能的超载化,扩充了法院管理的范围。权责冲突带来了负面效应,包括权力的非正式运作,不善管;逆向激励,痕迹化监督与策略性监督,不愿管。要改变这种状态需要从制度保障、动力机制、信息基础、关键因素四个方面入手。

The reform of the judicial responsibility system abolished the power of the president to examine and approve,and the power was reduced to the first-line judges,but at the same time the president faced the dilemma of being unwilling to manage and not managing.The direct reason is that the president s powers and responsibilities match the conflict,that is,the power is small and the responsibility is great.It is manifested in the multi-role s political responsibility,the administrative responsibility brought by the court s goal management,and the legal responsibility for the return of the judge s identity,but no corresponding power is given.The root cause of the conflict of power and responsibility is the simplification of power relations in the process of de-administration,which leads to the contradiction between the external pressure-type task injection and the internal affirmative governance;the overload of the court function expands the court management.range.The conflict of powers and responsibilities brings about negative effects,including the informal operation of power,the lack of good governance;the reverse incentive,the trace supervision and the strategic supervision,which are unwilling to take control.To change this state,we need to start from four aspects:institutional guarantee,dynamic mechanism,information foundation and key factors.