司法责任制改革视角下的审判团队建设

发布时间：2018-02-07 15:47

本文关键词： 审判团队司法责任权力清单员额制司法辅助人员　出处：《山东大学》2017年硕士论文　论文类型：学位论文

【摘要】：审判团队是为完成特定审判工作任务,以独任庭和合议庭为核心,辅之以一定数量的司法辅助人员所组成的结构相对固定、独立,职责分工明确的办案单元。它是管理学中的团队概念与司法实践相结合的产物。当前,司法责任制改革以"让审理者裁判,由裁判者负责"为目标,以调整审判权力运行机制为统领,进行了一系列的制度设计,为破解司法实践难题提供了新的路径。审判团队正是改革审判权运行机制过程中的创新。审判团队在各地的试点取得诸多成效,但其所内含的一些关系尚未明晰,其运行过程中亦出现了一些问题需要正视和解决。本文主要运用逻辑分析法和比较分析法,对审判团队制度进行系统研习。第一部分为审判团队制度概述。主要论述审判团队的内涵、特征、价值功能和目前各地试行审判团队的主要模式。首先,结合审判团队的概念,分析其具有四个特征:以完成特定审判工作任务为目标;以独任庭和合议庭为核心;结构相对固定、对外相对独立且职能分工明确;需承担明确的责任。其次,总结了审判团队的三种价值功能:优化审判资源配置,解决案多人少矛盾;强化专业化审理,提高案件审判质效;弱化案件审批,以促进去行政化进程。最后,着重分析了山东省L市S区的审判团队建设情况。第二部分讨论在司法责任制改革大环境下审判团队与司法责任的关系。笔者分析认为,在建设审判团队时应同时制定审判人员权力清单制度,审判团队成员以权力清单为衔接承担相应的责任;另外,研讨了审判团队的责任归属即追责的范围、追责的程序、保障审判团队依法履职的核心措施等。第三部分研究审判团队建设的核心问题。首先是员额制下审判团队中的法官重塑。探讨了审判团队与审判组织、内设机构的关系;审判团队中的法官与院庭长、审判长的关系;审判团队内法官的权力清单。其次是司法辅助人员队伍的建设路径。探讨了司法辅助人员的定位、法官助理与法官及书记员的关系、法官助理和书记员的权力清单。最后归纳了当前审判团队建设运转中存在的问题。笔者将其分为团队组建前的先天缺陷和团队运行中的后天不足两大类共六个方面问题。第四部分提供完善审判团队建设的若干建议。一是合理确定各类审判团队的组建数量,二是确保全体员额法官均编入团队,三是保证团队成员双向选择自愿组合,四是设计灵活的审判团队分案机制,五是强化对于审判团队的管理与监督,六是科学考评审判团队工作业绩。
[Abstract]:The judicial team is relatively fixed and independent in its structure, which is composed of a certain number of judicial auxiliaries in order to complete a specific task of trial, with the sole and collegial panels as the core, and supplemented by a certain number of judicial auxiliaries. It is the result of the combination of the concept of team and judicial practice in management. At present, the reform of judicial responsibility system aims to "let the adjudicator judge, let the adjudicator be responsible" as the goal. Under the guidance of adjusting the operating mechanism of judicial power, a series of system designs have been carried out. It provides a new way to solve the problem of judicial practice. The judicial team is the innovation in the process of reforming the operating mechanism of judicial power. The trial team has made many achievements in the pilot projects in various places, but some of the relations contained therein have not yet been clarified. Some problems need to be addressed and solved in the course of operation. This paper mainly uses logical analysis method and comparative analysis method. The first part is an overview of the trial team system. It mainly discusses the connotation, characteristics, value function of the trial team and the main mode of trial team being tried out in various places. First, combining the concept of the trial team, The analysis has four characteristics: to complete a specific task of trial as the goal; to single panel and collegiate panel as the core; relatively fixed structure, relatively independent of the external and clear division of functions; need to undertake clear responsibilities. This paper summarizes the three value functions of the trial team: optimizing the allocation of trial resources, solving the contradiction between more and less cases, strengthening the specialized trial, improving the quality of the case, weakening the examination and approval of the case, in order to promote the process of deadministration. The second part discusses the relationship between judicial team and judicial responsibility under the environment of judicial responsibility system reform. When building a trial team, a system of list of rights for judicial personnel should be formulated at the same time, and members of the trial team should take the list of rights as the link to bear the corresponding responsibility. In addition, the scope of the responsibility of the trial team, that is, the scope of responsibility, and the procedure for pursuing responsibility, are discussed. The third part studies the core problems of the construction of judicial team. Firstly, the judges in the judicial team under the post system are remolded. The relationship between the trial team and the trial organization and the internal organization is discussed. The relationship between the judges in the trial team and the president of the court, the chief judge, the list of the judges' powers in the trial team, and the path of the construction of the judicial auxiliary personnel are followed. The position of the judicial auxiliary personnel is discussed. The relationship between assistant judges and judges and clerks, Finally, the author summarizes the problems existing in the construction of the trial team. The author divides them into two categories: the congenital defects before the formation of the team and the acquired deficiency in the operation of the team, which are divided into six categories: one is the congenital defect before the establishment of the team, and the other is the acquired deficiency in the operation of the team. Part 4th provides a number of suggestions for improving the construction of judicial teams. First, it is reasonable to determine the number of various types of judicial teams to be set up. The second is to ensure that all post judges are integrated into the team, the third is to ensure that the team members choose a voluntary combination in both directions, the fourth is to design a flexible trial team case-splitting mechanism, and the fifth is to strengthen the management and supervision of the trial team. Sixth, scientific evaluation of the performance of the trial team.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

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