司法改革背景下法官责任制的理论逻辑与路径选择

发布时间：2018-04-30 05:05

本文选题：司法改革 + 法官责任制　；参考：《江苏大学》2017年硕士论文

【摘要】：司法改革在社会主义法治国家建设中具有关键性的地位,十八届三中全会中明确指出要“完善主审法官、合议庭办案制以及要落实谁办案谁负责”,这说明我国党中央已经相当重视法官责任制的改革。目前,我国司法实践中的“审者不判、判者不审”现象非常严重,为了改变这一现状,不仅要从思想层面重视法官责任制改革,而且要在具体实践中坚决贯彻落实完善法官责任制的相关制度。只有理论统一实践,才能从根本上做到还权于法官,保证法官的独立审判。因此,对司法改革背景下法官责任制的研究有利于加快司法改革的步伐,同时也可以提升司法质量和效率。虽然我国已经有了一些对法官责任制的理论研究和实践经验,但如何在司法改革的大背景下做到进一步完善法官责任制还需要进一步探索。本文主要以司法改革背景下法官责任制的实践运行为基础进行研究。首先,通过分析法官责任制产生的环境引出该制度的提出背景,同时总结归纳国内外学者对法官责任制的研究成果,了解已有的理论成果及实践经验。其次,了解法官责任制的内涵以及明确与其他相似制度的区分,特别是错案责任制。同时,通过分析各地的实践运行机制,得出法官责任制在现阶段运行中的缺陷,另外,分析大陆法系与英美法系中的法官责任制,结合我国国情,得到一个共性分析结果,并从中获得启发,以便更好的进行我国的法官责任制改革。再次,针对实践运行中所出现的缺陷与漏洞:例如法官权责不一致、审判权运行机制的结构矛盾和法官保障制度的缺乏等。最后,在上述理论研究基础上对法官责任制的运行缺陷做一个补充:通过重构审判运行机制、改革法官考核标准以及加强法官的履职保障等方面从整体上对法官责任制度进行完善,希望能够多角度、全方位地对法官责任制运行中的不足做好补充工作,最终促进法官责任制的完善。
[Abstract]:Judicial reform plays a key role in the construction of a socialist country ruled by law. In the third Plenary session of the 18th CPC Central Committee, it was clearly pointed out that we should "improve the system of presiding judges, collegial panel cases and who should be responsible for handling cases". This shows that the Party Central Committee has attached great importance to the reform of the responsibility system of judges. At present, in the judicial practice of our country, the phenomenon that "the adjudicator does not judge, the judge does not try" is very serious. In order to change this situation, we should not only attach importance to the reform of the judge responsibility system from the ideological level. Moreover, we must firmly implement and perfect the relevant system of judge responsibility system in concrete practice. Only by unifying theory and practice, can we return the right to the judge and guarantee the judge's independent trial. Therefore, the study of the judicial responsibility system under the background of judicial reform is conducive to speeding up the pace of judicial reform, but also to improve the quality and efficiency of the judiciary. Although our country has already had some theoretical research and practical experience on the judicial responsibility system, how to further perfect the judge responsibility system under the background of judicial reform still needs to be further explored. This paper is mainly based on the practical operation of judge responsibility system under the background of judicial reform. Firstly, the background of the system is introduced by analyzing the environment of the judge responsibility system. At the same time, the domestic and foreign scholars' research results on the judge responsibility system are summarized, and the existing theoretical results and practical experience are understood. Secondly, we should understand the connotation of the judge responsibility system and distinguish it from other similar systems, especially the wrong case responsibility system. At the same time, through the analysis of the practical operation mechanism in various places, the defects of the judge responsibility system in the present operation are obtained. In addition, the judge responsibility system in the continental law system and the Anglo-American law system is analyzed, combining with the national conditions of our country, a common analysis result is obtained. And from the inspiration, in order to better carry out the reform of the responsibility system of judges in our country. Thirdly, aiming at the defects and loopholes in practical operation, such as the inconsistency of judges' powers and responsibilities, the contradiction of the structure of the running mechanism of judicial power and the lack of the system of judges' protection, etc. Finally, on the basis of the above theoretical research, the author makes a supplement to the operational defects of the judge responsibility system: by reconstructing the trial operation mechanism, In order to improve the system of judges' responsibility from the aspects of reforming the standard of judges' assessment and strengthening the judges' guarantee of performing their duties, we hope to do a good job of complementing the deficiencies in the operation of the judges' responsibility system from many angles and all directions. Finally, promote the perfection of judge responsibility system.
【学位授予单位】：江苏大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

【相似文献】