论我国法官员额制度的完善

发布时间：2018-02-21 04:58

本文关键词： 法官员额制度司法改革法官职业化法官遴选委员会法官助理　出处：《郑州大学》2017年硕士论文　论文类型：学位论文

【摘要】：我国法官员额制度最早是1999年最高人民法院第一个五年改革纲要提出的,至今已有十多年的时间。在此期间,我国法院面临着法官队伍构成的非专业化及管理的行政化、法官离职现象愈演愈烈、法官“案多人少”的工作困境等多方面的问题。随着我国十八大会议作出“进一步深化司法体制改革”的决定后,根据十八届三中、四中全会的改革精神,最高人民法院明确提出要全面深化人民法院改革,建立法官员额制度,确保将优秀的法律人才留在审判一线。法官员额制度建立的现实意义主要有:首先,可以明确区分法官与审判辅助人员,法官就专指行使案件审判职权的人员,其他都是围绕法官审判案件的辅助人员,改变以往法院中人人都被称呼为法官的现象。其次,法官从繁杂的事务中解脱,以更加饱满的热情和更充裕的时间来专职案件的审判工作,有利于提高案件的审判效率和质量,维护我国的司法公正。最后,为我国实现依法治国的战略目标,建设社会主义法治国家提供了一支正规化、专业化、职业化的优秀审判队伍。从2014年6月到2015年底,中央陆续批准了三批法官员额制度试点单位开展改革试点工作,2016年7月,法官员额制度开始逐渐在全国全面展开,截止到2016年12月底,全国27个省区市均已完成法官员额制度的选任工作。在本次法官员额制度改革中,上海法院作为全国第一个率先开展员额制改革试点的地区,向社会公布了多个关于员额制改革的试点方案,各项改革内容和改革步骤规定的都比较详细和全面,这成为本文第二章的重点研究对象。随着员额制度改革的不断深入,改革面临着困境和瓶颈,当前构建法官员额制度涉及到法官员额的比例及选任标准、法官职业保障与责任追究、制度合法性、法官助理与员额法官的职能定位及过渡晋升机制等问题。因此,在推进法官员额制度改革的过程中,我们要重视、直面问题所在,积极进行探索和总结。通过科学配置法官员额的比例及选任标准、建立健全法官职业保障与责任追究机制、修改相关法律,实现法官员额制度改革有法可依,明确和完善法官助理职能定位及晋升机制等一系列配套措施,对法官员额制度加以改进和完善。
[Abstract]:In 1999, the first five-year reform outline of the Supreme people's Court was put forward for the post system of judges in our country, and it has been more than ten years since. During this period, the courts of our country are faced with the non-specialization and administrative management of the judges. The phenomenon of judges leaving their jobs has become increasingly fierce, and the plight of judges' work of "more cases with fewer people" has been faced with various problems. With the decision of the 18 Congress of our country to "further deepen the reform of the judicial system", according to the third year of the 18 session, In the spirit of reform of the fourth Plenary session of the CPC Central Committee, the Supreme people's Court has clearly proposed to deepen the reform of the people's Court in an all-round way and to establish a system of. The practical significance of establishing a system of judges' posts is that, first of all, a clear distinction can be made between judges and trial support personnel, and judges refer specifically to those who exercise jurisdiction over cases, The others are the auxiliary staff who try the cases around the judges, changing the phenomenon that everyone in the court was called a judge in the past. Secondly, the judge is freed from the complicated affairs. It is helpful to improve the efficiency and quality of the trial and to safeguard the judicial justice of our country with more full enthusiasm and ample time for the trial of full-time cases. Finally, it is necessary for our country to realize the strategic goal of governing the country according to law. The building of a socialist country ruled by law has provided an excellent judicial team of formalization, specialization and professionalization. From June 2014 to end of 2015, the Central Committee approved three pilot units for the reform of the system of judges one after another. By the end of December 2016, all 27 provinces, districts and municipalities in the country had completed the selection and appointment of judges. In this reform of the judges' post system, The Shanghai Court, as the first region in the country to take the lead in carrying out the pilot reform of the post system, has published to the society a number of pilot plans on the reform of the post system. The contents of the reform and the steps of the reform have been specified in a more detailed and comprehensive manner. With the deepening of the reform of the post system, the reform is facing difficulties and bottlenecks. The current construction of the system of judges' posts involves the proportion of judges' posts and the selection criteria. In the process of promoting the reform of the judges' post system, we should pay attention to and face up to the problems, such as the job security and accountability of judges, the legitimacy of the system, the functional orientation of judges' assistant and post judges, and the transitional promotion mechanism. Actively explore and summarize. Through the scientific allocation of judges' posts and selection criteria, establish and improve the judges' occupational security and accountability mechanism, modify the relevant laws, and realize the reform of the judges' post system. A series of supporting measures, such as defining and perfecting the function orientation and promotion mechanism of judges' assistant, are made to improve and perfect the system of judges' posts.
【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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