司法改革背景下专业法官会议的角色检视及功能优化

The Role Dilemma and Function Optimization of Professional Judge Conference Under the Background of Judicial Reform

作为审判权运行机制的重要组成部分,专业法官会议具有重要的公平正义保障功能。通过实证研究发现,专业法官会议存在政策文件定位不清、成本效益失调、和其他机制衔接不畅、司法能动理念不清等一系列问题。追根溯源,司法责任制未充分落实、法官注意力资源有限、避责逻辑不当胜出是其制度困境的成因。文章基于五个暗合,即专业法官会议暗合审判权与审判监督管理权间的缓冲必要、回应型司法暗合专业法官会议的外部环境需求、角色重塑暗合专业法官会议效能提升目标、赋权主张暗合让审理者裁判的司改取向、类案指导暗合院庭长审判监督权并重的司改思路,从咨询机构基本定位出发,提出以下应对之道:完善专业法官会议规则,打造真正的咨询平台;继续推进司法责任制改革,培育赋权感的法官;借助类案的指导性,赋能专业法官会议等。

As an important part of the operation mechanism of judicial power,professional judges’conference plays an important role in ensuring fairness and justice.Through empirical research,it is found that the profes⁃sional judges’conference has a series of problems,such as unclear positioning of policy documents,cost-benefit imbalance,poor connection with other mechanisms,and unclear concept of judicial initia⁃tive.The system dilemma is rooted in facts that the judicial responsibility system is not fully implemented,the judges’attention resources are limited,and the logic of avoiding responsibility is improper.This paper is based on the five consensuses,that is,the necessity of buffering between the consensuses of the profes⁃sional judges’conference and the power of trial supervision and management,the external environment needs of the responsive judicial consensuses of the professional judges’conference,the consensuses of the role remodeling and the efficiency improvement goal of the consensuses of the professional judges’confer⁃ence,the consensuses of empowering the judicial reform orientation of the consensuses of the judges’judgment,and the judicial reform ideas of giving equal attention to the judicial supervision power of the president of the court by case guidance.Based on the basic positioning of advisory institutions,this paper puts forward the following countermeasures:to improve the rules of professional judges’meeting and build an effective consulting platform;continue to promote the reform of judicial responsibility system and culti⁃vate judges with a sense of empowerment;with the guidance of classified cases,professional judge confer⁃ences are empowered.