员额法官遴选机制改革实证研究:以A省为样板

Empirical Study on the Reform of Quota Judge Selection Mechanism:Taking A Province as a Model

截至2017年初,作为新一轮司法改革重点任务的法官员额制改革试点工作基本完成。实证研究揭示,A省法院构建了"笔试测评+素能考核+民主评议"三位一体的遴选机制,促进了法官遴选机制的革新,具有相当程度的科学性、民主性,基本实现了员额制改革所预设的目标。但与此同时,员额制改革也存在一些问题,例如,遴选政策的地方化、差别化;遴选指标指向不一致;民主测评方案的非充分性以及遴选程序头重脚轻等。对此,未来应进一步增强遴选政策的统一性、遴选标准的协调性以及遴选程序的科学性等。

Up to early 2017, the pilot program of the reform of the judge quota system, which is a key task of the new round of judicial reform, has been basically completed. This empirical research reveals that the courts in A Province have constructed a trinity selection mechanism of‘ written test + competence assessment + democratic appraisal’, which has promoted the innovation of the selection mechanism for judges. This mechanism is scientific and democratic to a considerable extent, and has basically achieved the goals set by the reform. At the same time, there are some problems in the reform of the judge quota system, such as the localization and differentiation of the selection policy;the conflicts between selection criteria;the inadequacy of the democratic evaluation program and the top-heavy selection procedure, etc. In this regard, the uniformity of selection policy, the coordination of selection criteria, and the scientificity of selection procedure should be further enhanced in the future.