论司法责任制下法官职权的行使

发布时间：2018-01-24 19:14

本文关键词： 司法责任制法官职权权责统一审判分离　出处：《郑州大学》2017年硕士论文　论文类型：学位论文

【摘要】：司法责任制作为司法改革的牛鼻子,不仅要求司法人员依法正当地行使职权,且当违法行使职权时承担责任,即要“放权”也要“归责”。在深化司法改革的背景下,2015年新华社授权发布《最高人民法院关于完善人民法院司法责任制的若干意见》,中共中央办公厅、国务院办公厅于2016年印发了《保护司法人员依法履行法定职责》的通知,对改变“审判分离”的现象,落实司法责任制,完善法官职权保障体系,确保法官职权的独立行使有一定的促进作用,但仍存在一些问题被广为诟病。实践中,首先干扰法官职权独立行使的最大障碍来自法院内部,即审判权运行机制行政化问题,突出表现为案件审批制度的泛滥限制法官审判权的独立行使、审判委员会权力的扩大导致权责不清、绩效考评制度的推崇转移法官行使职权的重心等等问题。其次,法官追责体系存在的局限性也阻碍着司法责任制的落实,比如法官问责形式的冗杂盲目扩大了追责的范围、追责程序的行政化剥夺了法官的申诉权利、重结果轻行为的追责标准违背了司法规律。最后,最重要的是法官相应的职权保障仍然漏洞重重,与法官关系密切的责任豁免制度并没有法律规定。实现“权责统一”是落实司法责任制的重难点,对此问题进行研究、分析原因时,不仅要坚持人民主权理论、司法独立原则,更要做到责任与处罚相当、责任与保障并重。通过对院长案件审批制度、审判委员会制度、绩效考评制度的改革,法官责任追究主体、追究程序、追究标准的重构,法官身份、薪俸、安全保障体系的完善和责任豁免机制的建立,希望对保障法官职权行使,落实法责任制,实现权责统一提供有益的参考。
[Abstract]:Judicial responsibility system as a judicial reform not only requires judicial personnel to exercise their functions and powers in accordance with the law but also to assume responsibility when exercising their functions and powers in violation of the law. Under the background of deepening judicial reform, Xinhua authorized the publication of the opinions of the Supreme people's Court on perfecting the Judicial responsibility system of the people's Court in 2015. On 2016, the General Office of the CPC Central Committee and the General Office of the State Council issued a circular on "protecting judicial personnel from performing their legal duties according to law," implementing the judicial responsibility system to change the phenomenon of "separation of trials." Perfecting the system of ensuring the judges' functions and powers and ensuring the independent exercise of the judges' functions and powers have a certain role to promote, but there are still some problems widely criticized. In practice. First of all, the biggest obstacle to the independent exercise of judges' functions and powers comes from within the court, that is, the administrative issue of the operating mechanism of judicial power, which is highlighted by the proliferation of the examination and approval system of cases, which restricts the independent exercise of judges' jurisdiction. The expansion of the power of the judicial committee leads to unclear powers and responsibilities, and the promotion of the performance appraisal system shifts the focus of the exercise of the judges' functions and powers. Secondly, the limitations of the system of judicial accountability also hinder the implementation of the judicial responsibility system. For example, the jumbled form of judges' accountability blindly expands the scope of the pursuit of responsibility, the administrative process of accountability deprives the judge of the right to appeal, and the criterion of emphasizing the result over the behavior violates the law of justice. The most important thing is that the corresponding functions and powers of judges are still full of loopholes, and there are no legal provisions in the system of exemption from responsibility, which is closely related to judges, and realizing the unification of power and responsibility is a heavy and difficult point in the implementation of the judicial responsibility system. To study and analyze the reasons, we should not only adhere to the theory of people's sovereignty and the principle of judicial independence, but also pay equal attention to responsibility and punishment, and pay equal attention to responsibility and protection. The judicial committee system, the reform of the performance appraisal system, the main body of the judge's responsibility, the procedure of investigation, the reconstruction of the standard of investigation, the perfection of the judge's identity, salary, security system and the establishment of the exemption mechanism of responsibility. It is hoped to provide a useful reference for ensuring the exercise of judges' functions and powers, carrying out the legal responsibility system and realizing the unity of power and responsibility.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

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