论裁判文书充分说理的制度保障与激励

On the institutional guarantee and incentive of fully reasonable judgment documents

“不管法院的宪法地位如何,最终的书面文字是法院权威的源泉和衡量标准。”司法制度必须为法官裁判充分说理提供保障和长效激励。我国现行法官职业保障制度缺乏吸引最优秀法律人才效应,法官选任制度不具备选拔和培养最优秀法律人才的功能,相关奖惩制度不具有保障法官充分裁判说理的功能,是当前我国裁判说理不充分的根本原因。在法官员额制已经全面实施的背景下,应按照法官精英化的标准进一步改革法官职业保障和法官选任制度,保障和激励法官素质的持续提升;契合法官经济理性人的本性进行奖惩制度设计,防止“奖励不能激励”与“惩罚不能约束”的制度失灵;改革法官助理制度,实现法官与法官助理审判过程中的深度协同,为法官裁判说理提供时间和精力保障;按照权力与职责相统一的思路重构合议制度,使合议庭成员能够围绕裁判文书充分说理形成深度协同,为裁判充分说理提供动力。

“Regardless of the constitutional status of the court,the final written word is the source and measure of the court’s authority.”The judicial system must provide guarantees and long-term incentives for judges to fully reason.China’s current occupational guarantee system for judges lacks the effect of attracting the best legal talents,and the judge selection system does not have the function of selecting and cultivating the best legal talents.The relevant reward and punishment system does not have the function of guaranteeing the judge’s sufficient judgment and reasoning,which is the fundamental reason for the insufficient reasoning of the current judgments in China.Under the background that the judge quota system has been fully implemented,it is necessary to further reform the judge’s professional security and judge selection system in accordance with the standards of judges’elitism,so as to ensure and encourage the continuous improvement of judges’quality;to design the reward and punishment system in line with the nature of judges’economic rationality,and prevent the system failure of“rewards cannot be motivated”and“punishments cannot be restrained”;to reform the judge’s assistant system to realize the in-depth coordination between the judge and the judge’s assistant in the trial process,so as to provide time and energy guarantee for the judge’s reasoning;to restructure the collegial system according to the idea of unifying power and responsibilities to enable the members of the collegial panel to form in-depth coordination around the full reasoning of the judgment documents,and provide motivation for the judgement to fully reason.