普通程序适用独任制的理论阐释

Theory upon Application of Sole-Judge Trial in General Procedures

普通程序适用独任制审理回应了案件繁简分流司法改革背景下基层人民法院“案多人少”的审判需求。回归法官对案件事实的心证来源于法庭直接审理的民事诉讼基本原理,不难发现以“基本事实清楚、权利义务关系明确”作为普通程序适用独任制的前提条件与审判组织行使审判权认定事实之间的逻辑悖论。因此,完善普通程序适用独任制需明确两点:一是以民事审级制度中一审法院解决民事纠纷的职能定位为基础,突破法院的层级限制,确立法院适用第一审普通程序以独任制审理为原则;二是在厘清审判组织形式与审判程序价值差异的基础上,以司法解决民事纠纷是否兼具有助于类案统一裁判规则、维护法律秩序等社会公共职能为标准明确普通程序适用合议制审理的例外情形。

The application of sole-judge trial in ordinary proceedings responds to the needs of the grassrootslevel courts under the background of judicial reform of the separation of complex and simple cases. According to the principles of civil litigation, the judge’s testimony of the facts in case should come from the direct trial of the court. Thus, a logical paradox can be found between taking ’clear basic facts as well as rights and obligations’ as the precondition for application of sole-judge trial in ordinary proceedings and finding the facts directly by judicial authority of trial organizations. Therefore, two points need to be clarified in order to improve the application of solejudge trial in ordinary proceedings. First, based on the function of the first-instance court in resolving civil disputes in civil trial level system, the hierarchical restriction of the court should be broken through. Meanwhile, the principle of sole-judge trial’s application in ordinary proceedings in first-instance court should be established. Second,on the basis of clarifying the difference between the form of trial organization and the value of trial procedure, it is necessary to clarify the exceptions to the collegial panel trial in ordinary proceedings. Questions like whether judicial settlement of civil disputes would be helpful in unifying judgment rules for similar cases, and whether it can maintain legal order etc. should be considered.