中国法官员额制改革研究

发布时间：2018-03-19 02:11

  本文选题：法官员额制　切入点：司法改革　出处：《河北经贸大学》2017年硕士论文　论文类型：学位论文

【摘要】：随着以司法体制改革为核心的新一轮的司法改革的展开,法官这一职业越来越受到社会广泛关注,法官员额制度作为法院人事制度改革中一项重要内容,在本轮司法改革中被作为重要内容,最高人民法院重新提出要全面深化法院人事管理改革,并将员额制改革放在《人民法院第四个五年改革纲要(2014-2018)》的突出位置。然而自2002年我国提出建立法官员额制至今已经过了十五年,但目前我国员额制改革进程并不是十分顺畅,仍存在不少挑战。为更好地面对我国法官员额制改革带来的挑战,推动改革进程而作此分析研究。全文共四个部分。首先,介绍了中国法官员额制的提出背景、含义和改革的必要性,对中国法官员额制改革试点以来取得的成就和概况作了简要说明。其次,结合现今新一轮司法改革与对目前法官员额制改革的推行,分析了立案登记制、司法责任制与审判中心主义对法官员额制改革带来的挑战与建设高素质法官队伍和现代型法院的迫切要求,指出目前我国法官员额制改革主要面临以下四个挑战:第一,员额比例难以确定合适标准;第二,立案登记制所带来的法院案件增多;第三,法院内部利益分配问题;第四,我国的法官职业地位和保障制度问题。再次,运用比较研究方法,将国外法官制度与我国法官制度的现状进行对比,从法官选任标准、司法辅助人员的配置、法官职业保障与地位三个方面借鉴国外员额制先进经验以推动我国法官员额制建设进程。最后,对于如何应对目前我国法官员额制改革所面临的挑战,有序推进法官员额制的建立提出了四个建议:第一,对于确立合适的法官员额比例,要立足于中国地区发展差异大的实际,赋予各高院在总数之下明确其辖区内法官员额的权利;第二,提出通过完善多元外纠纷解决机制与加强司法辅助人员队伍建设以减轻法官压力,提高案件审理质量,缓解激增的案件数量与法官数量减少之间的矛盾;第三,提出要缓解法院内部利益冲突需要通过完善与改革相衔接的法律规范,确立法官分流制度,以加强法院内部利益分配的有力化和明确化;第四,以法官团体内部为出发点,指出推动员额制改革需要调动法官积极性,而这需要完善法官职业保障,落实法官等级制度。法官是司法活动的主体,作为司法制度改革的重要组成部分,员额制改革的根本目的是将优秀的法官保留在审判一线,其改革的成败,对我国法官职业化的建设具有重要意义。在司法改革大潮下,特别是员额制试点的有序推进下,分析研究我国法官员额制改革所面临的挑战,并提出相应建议,有利于我国法官的职业化建设将得到推进,加快法治进程。但要明确,法官员额制改革是一个循序渐进的过程,不可单独实施,必须与配套性措施“齐头并进”,否则将遭受巨大阻力。
[Abstract]:With the development of a new round of judicial reform with the reform of judicial system as the core, the profession of judge is paid more and more attention by the society, and the post system of judge is an important content in the reform of the personnel system of the court. As an important part of this round of judicial reform, the Supreme people's Court has restated that it is necessary to comprehensively deepen the reform of court personnel management. And put the post system reform in the prominent position of the fourth Five-year Reform outline of the people's Court 2014-2018.However, 15 years have passed since 2002 when our country proposed to establish the post system for judges, but at present the reform process of the post system in our country is not very smooth. There are still many challenges. In order to better face the challenges brought by the reform of the post system of judges in our country and to promote the reform process, this paper has four parts. Firstly, it introduces the background of the post system of judges in China. The meaning and necessity of the reform, the achievements and general situation since the trial of the reform of the Chinese judge post system are briefly explained. Secondly, combined with the new round of judicial reform and the implementation of the current reform of the post system of judges, the paper analyzes the registration system of case filing. The challenges brought by judicial responsibility system and judicial centralism to the reform of the post system of judges and the urgent need to build a contingent of high-quality judges and modern courts are pointed out as follows: first, the reform of the post system of judges in our country is faced with the following four challenges: first, The proportion of posts is difficult to determine the appropriate criteria; second, the increase in court cases brought about by the registration system; third, the distribution of benefits within the court; 4th, the professional status and security system of judges in our country. Again, By using the method of comparative study, this paper compares the present situation of foreign judge system with that of our country, and from the standards of judge selection and the allocation of judicial assistant personnel, In order to promote the construction of the post system of judges in China, the author draws lessons from the advanced experience of the post system of foreign countries in order to promote the construction of the post system of judges. Finally, how to deal with the challenges of the reform of the post system of judges in our country is discussed. Four suggestions have been put forward to promote the establishment of the judges' post system in an orderly manner. First, to establish a suitable proportion of judges' posts, they should be based on the reality that there are great differences in the development of China's regions. Each high court is given the right to clarify the number of judges in its jurisdiction under the total number; second, it is proposed to alleviate the pressure on judges and improve the quality of cases by improving the dispute resolution mechanism and strengthening the construction of the contingent of judicial auxiliaries. To alleviate the contradiction between the increasing number of cases and the decrease of the number of judges; third, to alleviate the conflict of interests within the court, we need to establish the system of diversion of judges by perfecting the legal norms that link up with the reform. In order to strengthen the strength and clarity of the distribution of benefits within the Court; 4th, taking the internal organization of judges as a starting point, it is pointed out that promoting the reform of the post system requires the mobilization of the enthusiasm of judges, which requires the improvement of the professional security of judges. Judges are the main body of judicial activities. As an important part of the reform of the judicial system, the fundamental purpose of the post system reform is to keep outstanding judges on the trial front, and the success or failure of the reform. It is of great significance to the construction of judge professionalization in our country. Under the tide of judicial reform, especially the orderly promotion of post system, this paper analyzes and studies the challenges facing the reform of judges' post system in our country, and puts forward some corresponding suggestions. The professionalization of judges in our country will be promoted and the process of rule of law will be quickened. However, it should be made clear that the reform of the post system of judges is a gradual process and cannot be implemented alone. Must go hand in hand with supporting measures, otherwise will suffer great resistance.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2
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本文编号：1632348