审判中心视阈下我国二审法院刑事审判庭职能考察

Investigation on the Function of Criminal Trial Chamber of Second Instance Court in China under Trial Center

二审法院刑事审判庭内部分设为办案组和综合组,虽明确了各自权能所在,但也面临诸多困境。从刑事审判法官角度看,案件数量居高不下,且人员配置不合理、错位,办案压力趋大。就综合审判法官而言,既要办理刑事案件,又要处理日常事务、负责调研工作,精力有限,致使办案效率不高,质量有虞。鉴于此,立足于我国二审法院办案组和综合组二元分设的架构之上,着力推进以审判为中心的诉讼制度改革、二审法院刑事审判庭职能优化,探讨其机构设置、职能分工及规则运行,以期形成一套完善的运行机制,让“合适的人在合适的岗位上,合适的岗位上拥有合适的人”。

The criminal trial chamber of the second instance court is divided into the case handling group and the comprehensive group.Although their respective powers and functions are clearly defined,they also face many dilemmas.From the point of view of criminal trial judges,the number of cases is high,the personnel allocation is unreasonable and misplaced,and the pressure of handling cases is increasing.As far as general trial judges are concerned,they have to deal with criminal cases as well as daily affairs and be responsible for investigation and research.Their limited energy leads to low efficiency in handling cases and a risk to their quality.In view of this,based on the dual structure of the case handling group and the comprehensive group of the second instance court in China,efforts have been made to advance the reform of the trial-centered litigation system,to optimize the functions of criminal tribunals of the courts of second instance,and to explore its institutional setting,functional division and rule operation,in order to form a set of perfect operation mechanism and lead to“the right person at the right positions,the right people in the right places”.