院庭长审判监管权的机制与动因

The Mechanism and Motivation of Court President Exercising Trial Supervision and Administration Power

审判权运行机制改革的核心问题是审判权与审判监管权的关系。院庭长实施审判监管权的机制是多元的。审判监管机制变动频繁,各种机制此消彼长,互为补充,动态转换。对监管有效性与法理正当性的平衡是贯穿在机制变动中的一个线索。透过表层的机制,考察背后的制度逻辑,会发现院庭长行使审判监管权的动因是强化审判权运行的整体联动性。法官在具体案件中行使的审判权,被嵌入一个上下畅达、内外联通的权力和信息网络之中。个案的审判在监管机制的规束下,具有沟通司法政策,拆解和分担法院考核指标,绑定审判质效与人事管理,以及统一裁判尺度的意义。阅核制改革是院庭长审判监管权在实施机制层面的调整,其本质是原有制度逻辑的延展。

The core issue of the reform of judicial power operation mechanism is the relationship between judicial power and judicial supervision power.There are various mechanisms for the President of the Court to exercise his or her trial supervision powers,including the prior review mechanism for certain cases and matters,the collective discussion mechanism led by the President of the Court,the hierarchical structure and vertical case flow,as well as the case quality assessment and judge performance evaluation mechanism.The trial supervision mechanism changes frequently,and various mechanisms complement each other and change dynamically.The balance between regulatory effectiveness and legal legitimacy is a thread running through the mechanism changes.Through the surface mechanism and the system logic behind it,we will find that the motivation for the President of the Court to exercise the power of trial supervision is to strengthen the overall linkage nature of the operation of trial power.When a judge tries a specific case,the judicial power he exercises falls into a power and information network that reaches up and down and connects inside and outside.Under the supervision mechanism,case trial has the significance of communicating judicial policies,disassembling and sharing court assessment indicators,binding trial quality and personnel management,and unifying judgment standards.The reform of the review system is the adjustment of the judicial supervision authority of the President of the Court in the implementation mechanism,and its essence is the extension of the original system logic.