功能整合视角下法官惩戒制度的内在矛盾及其克服

On the Contradictions of Chinese Judge Disciplinary System and Their Overcoming from the Perspective of Functional Integration

作为司法改革的一项重要内容,法官惩戒制度通过构建新型制约监督机制,确保审判权依法公正行使,这对维护法官依法公正履职具有十分重要的意义。从功能整合视角看,我国法官惩戒制度存在惩戒事由与不当行为的协同性不强、惩戒目标与判断主体错位、惩戒制度构造忽视法官伦理特性、惩戒救济二元渠道存在冲突等问题。为了充分发挥法官惩戒制度效能,相关制度设计既需要符合法官惩戒的一般规律,也需要符合我国独特的司法体制安排,应将表现不当与审判不当一体化作为惩戒事由;分类化构建惩戒主体,从而确保惩戒的公正性;增设法官自请调查程序,以昭示法官高道德标准期许;适时设立职务法庭,将法官惩戒制度系统化、完备化。

The judge disciplinary system is an important part of judicial reform.This system ensures the fair exercise of judicial power in accordance with the law by building a new restriction and supervision mechanism,which is of great significance to maintaining the judges' fair performance of their duties in accordance with the law.From the perspective of functional integration,there are such problems as lack of synergy between disciplinary reasons and misconduct,mismatching of disciplinary targets and judgment subjects,ignoring the judges' ethical characteristics in the structure of the disciplinary system and conflict between dual channels of disciplinary relief,leading to the fact that the system fails to be given full play.So,in order to give full play to the system,it is necessary to make the system conform to the general rules of judge punishment as well as to China's unique judicial system arrangements.Improper performance and improper trial should be integrated as the cause of punishment;the subject of punishment should be structured in a classified manner to ensure the fairness of punishment;a self-inquiry procedure for judges should be added to demonstrate their high moral standard expectations;a professional court should be established in a timely manner to improve the judge punishment system.