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法院领导小组如何运行? 被引量:2

How Does a Court Leading Group Operate?
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摘要 “治大国,立小组”是党在长期治国理政实践中形成的一种行之有效的工作方法。在司法领域,成立领导小组是法院党组贯彻执行上级任务的重要组织方式。目前,对法院领导小组的既有研究,注意到了政治势能对专项工作的促进作用,但由于忽视了物质激励的影响,法院领导小组的丰富运行样态未能得到充分揭示。多任务环境下的法院党组会根据“政治势能+物质激励”释放的任务重要性信号调配资源,分流任务。法院领导小组因之呈现出一种“虚实并存”的运行样态。在同一法院内部,有的领导小组认真负责地将专项任务贯彻落实,有的却很少召开会议部署工作,有的则处于以上两端之间。物质激励对领导小组运行的影响较为显著,政治势能起到基础作用。完善党对司法工作的领导,可考虑推动法院领导小组规范运行,设计科学合理的物质激励,并注重通过价值引领满足法院干警内在激励需求。 At present, the existing researches on the court leading groups have shown the promotive effect of political potential energy on special work, but due to the neglect of the influence of material incentives, they fail to reveal the rich operational patterns of court leading groups. Through empirical research on sample courts, it is found that the Party group of a court will allocate resources and divert tasks according to the task importance signal released by “political potential energy + material incentives”. As a result, the leading group of the court presents a kind of “down-to-earthness and perfunctoriness coexistence” mode of operation. When the political potential and material incentives of a task are strong, the court leading group generally operates in a down-to-earth way. When the political potential of a task is strong and the material incentive is weak, the operation of the court’s leading group is both down-to-earth and perfunctory, and the overall operation is more perfunctory than down-to-earth. If the political potential of the task is weak but the material incentive is strong, the leading group tends to operate in a down-to-earth way. When the political potential and material incentives for a task are both weak, the court’s leading group usually operates in a perfunctory way. The above operation patterns of court leading groups show that the organizational leadership function of a court Party group to lead the court to complete tasks is mainly embodied in the followings. First, alleviating the contradiction between multiple tasks and limited resources, and reasonably sequencing and diverting tasks. Second, overcoming departmental isolation and professional closedness, and implementing important tasks that need to be implemented across departments. Third, relying on daily work to complete tasks with lower priority on the precondition of respecting and safeguarding the political authority of superiors. Fourth, adjusting the operation mode of the leading group in time in light of the change of the importance of the tasks. In the combination of “political potential energy + material incentives”, material incentives have a significant impact on the operation of the court leading group. This is because court staff are more sensitive to economic incentives, promotion incentives and responsibility incentives. The influence of political potential energy is fundamental. On the one hand, the task of strong material incentives can produce more obvious organizational incentive effect under the support of strong political potential energy. On the other hand, strong political potential energy can enhance the legitimacy of material incentives, improve the sense of mission and responsibility of organization members, and help organization members understand the organization’s goals more deeply, so as to better bring their thoughts and actions in line with the organization’s goals. To improve the leadership of the CPC over judicial work, China can consider promoting the standardized operation of the court leading group, designing scientific and reasonable material incentives, and paying attention to meeting the intrinsic incentive needs of court staff through value guidance.
作者 张瑞 Zhang Rui
出处 《环球法律评论》 CSSCI 北大核心 2022年第5期35-50,共16页 Global Law Review
基金 2021年度重庆市教育委员会人文社会科学研究基地项目“成渝地区双城经济圈司法协同创新机制研究”(21SKJD014)的研究成果,依托“区域协调发展法治化研究协同创新团队”。
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