我国法官额制改革背景下的法官选任制度研究

发布时间：2018-06-28 05:10

本文选题：法官员额制 + 员额法官　；参考：《西南政法大学》2016年硕士论文

【摘要】：法官员额制是根据审判工作需要限定法官人数而建立起来的法官管理制度,其改革目标是打造一支专业化、职业化、精英化的法官队伍,塑造法官职业身份,树立司法权威,确保审判的公平公正。法官员额制从提出到全面推进改革试点工作,经过了15年的探索实践,既积累了很多有益的经验,也遇到不少困难。法官员额制的首要工作要确定各级各个法院的法官员额,包括法官数量的确定、员额法官的选任等。各地试点法院在确定员额法官数量后,相继开展员额法官的选任工作,推进法官员额制改革的进程。法官员额制改革,给我国法官选任制度改革带来了机遇、创造了条件。同时,法官选任制度改革也是全面深化司法体制改革的一项重要内容。当前各省设立的法官、检察官遴选(惩戒)委员会的主要工作是选任员额法官、检察官,负责把好员额法官、检察官选任的入口关,这与改革的阶段性是一致的。法官员额制正式实行后,缺额法官特别是初任法官的补充选任,应当由法官、检察官遴选(惩戒)委员会负责遴选,保证初任法官符合改革后法官的任职要求,确保实现改革的目标。法官员额制改革,省以下法院人财物由省级统管,法官、检察官遴选(惩戒)委员会的设立,必然带来法官选任制度的变革。本文分为引言、主体和结语几个部分,其中主体由以下四个部分构成:第一部分是介绍我国法官员额制改革背景下法官选任概况,主要内容是我国法官员额制改革的起源和发展以及改革过程中员额法官的选任现状。其中,员额法官的选任现状包括员额法官的选任机构、选任方式、选任程序以及考试考核的内容,也分析了员额法官选任存在的相关问题。第二部分是梳理我国法官选任的立法现状和分析法官选任立法存在的不足。法官选任制的立法现状主要包括《法官法》对法官的定位、法官的任职条件、法官的选任机制等规定。法官选任存在立法的不足主要表现在对法官定位不清晰、法官任职条件偏低且不具体、法官选任机制不合理等。第三部分是对域外国家和地区法官选任制的立法考察与启示。主要围绕美国、德国、日本以及我国台湾地区的法官选任制度,分别介绍了这些国家和地区的法官选任条件、选任机构和选任程序,得到的主要启示包括:应当规定较高的法官任职条件、法官应当由较高层次的主体机构任命等。第四部分是提出完善我国法官选任制度的思考与建议,具体包括:完善遴选委员会制度,提出分开设立遴选委员会和惩戒委员会;提出创设“候补法官”制度,分析创设“候补法官”制度的必要性和可行性、“候补法官”的选任和培训等;提出完善我国法官逐级遴选制度和完善我国人民法院院长的选任制度,包括明确提名主体、明确考核主体等。
[Abstract]:Judge post system is a judge management system established according to the need of judicial work to limit the number of judges. The aim of its reform is to create a professional, professional and elite team of judges, to shape the professional identity of judges and to establish judicial authority. To ensure the fairness of the trial. After 15 years of exploration and practice, judges' post system has accumulated a lot of useful experience and encountered many difficulties. The chief task of the post system of judges is to determine the number of judges at all levels of the courts, including the number of judges, the selection of judges, etc. After determining the number of judges, the local pilot courts have carried out the work of selecting and appointing post judges one after another, and promoted the reform of the post system of judges. The reform of judge post system brings opportunities and conditions to the reform of judge selection system in our country. At the same time, the reform of judge selection and appointment system is also an important content to deepen the reform of judicial system. At present, the main work of the Public Prosecutor selection (Corrections) Committee in the provinces is to select judges and prosecutors, which is responsible for the entry of good judges and prosecutors, which is consistent with the stage of reform. After the formal implementation of the post system of judges, the additional selection of vacant judges, especially the newly appointed judges, shall be carried out by the judges, who shall be selected by the Public Prosecutor selection (Corrections) Commission to ensure that the newly appointed judges meet the requirements for the post of judges after the reform, Make sure that the goal of reform is achieved. The reform of the post system of judges and the establishment of judges and procurators selection (disciplinary) committees under the provincial level will inevitably bring about a change in the system of selecting and appointing judges. This paper is divided into three parts: introduction, subject and conclusion, in which the subject is composed of the following four parts: the first part is to introduce the general situation of judges selection and appointment under the background of the reform of the post system of judges in our country. The main content is the origin and development of the reform of the post system of judges in our country and the present situation of the selection and appointment of judges in the course of the reform. Among them, the status quo of post judges selection includes the selection of post judges, selection methods, selection procedures and examination of the content, but also analyzes the existing problems of post judges selection. The second part is to sort out the legislative status of judges selection and analyze the shortcomings of judges selection legislation. The present legislative situation of the system of selecting and appointing judges mainly includes the orientation of judges in the Law of judges, the conditions of judges' appointment, the mechanism of selecting and appointing judges, and so on. The lack of legislation in the selection of judges is mainly reflected in the lack of clear positioning of judges, the low and unspecific conditions of judges' appointment, the unreasonable mechanism of judges' selection and appointment, and so on. The third part is the legislative investigation and enlightenment to the system of selecting judges in foreign countries and regions. Focusing on the system of selecting and appointing judges in the United States, Germany, Japan and Taiwan, respectively, this paper introduces the conditions, institutions and procedures for the selection of judges in these countries and regions. The main revelations include: higher conditions of judges should be stipulated, judges should be appointed by higher levels of the main body, and so on. The fourth part is to put forward some thoughts and suggestions on how to perfect the system of selecting and appointing judges in our country, including: perfecting the system of selection committee, proposing to set up the selection committee and disciplinary committee separately, proposing to create the system of "alternate judge". This paper analyzes the necessity and feasibility of creating the system of "alternate judges", the selection and training of "alternate judges", and proposes to perfect the system of selecting judges step by step and the selection system of the presidents of the people's courts of our country, including defining the nominating subjects, To define the subject of examination and so on.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D926.2

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