浅议合议庭改革——从法官职业化谈起

On Reform of Collegial Panel: To Begin with Professionalization of Judge

法官职业化是司法公正的有利保障 ,也是维护司法公正的必然选择。我国合议制流于形式 ,成为推进法官职业化进程中的一大障碍。将法官分层为审判法官和助理法官 ,将案件分流成简易案件、普通案件和重大、复杂、疑难案件三类 ,由审判法官组成合议庭 ,审理一般的普通案件 ,并制定科学细致的合议庭规则 ,限制审判委员会讨论案件的条件和范围 ,由审判长将重大、疑难复杂的案件提交审判委员会讨论 ,由助理法官审理简易案件 ,废除案件审批制度 ,是强化合议庭职权 ,提高法官素质 。

Professionalization of judge is the guarantee of judicial fairness, as well as the inevitable choice of maintaining judicial fairness. However, the collegial panel becomes a mere formality, which is a barrier to the process of professionalization of judge in our country. The judge should be divided into trial judge and chief assistant judge and the cases into simple and easy case, ordinary case, important, complicated and hard case. The collegial panel, which consists of trial judges, tries the ordinary cases and lays down the rules of collegial panel scientifically and carefully to restricts the terms and scope for the case discussion of trial committee. The important, complicated and hard cases should be submitted to the trial committee by chief judge. The assistant judge tries the simple and easy cases and the case examination and approval should be abrogated. Only doing so can the authority of collegial panel be strengthened and the judge's quality be improved to progress the professionalization of judge.