员额制改革背景下法官及司法辅助人员的薪酬保障制度研究

发布时间：2018-10-09 18:25

【摘要】：法官及司法辅助人员是司法活动的重要参与主体之一,而法官及司法辅助人员的薪酬保障作为其职业保障的重要内容,也是当前我国司法改革的题中应有之义,应当予以充分重视。但是,建立完备的法官及司法辅助人员薪酬保障制度,不能简单地等同于给员额内的法官涨工资。此轮改革中关于法官及司法辅助人员薪酬保障制度改革的初衷,理当作为其加强法官职业保障、确保法官依法独立行使审判权、全面提升审判质效、增强法官职业尊荣感、社会认同感和重塑司法公信力的基础性问题。本文通过电子问卷对法官及司法辅助人员进行调研,以了解当前员额制改革后我国法官的薪酬满意度和影响因素。从调研的结果来看,员额制改革后,部分试点法院的"去行政化目标"得以初步实现,但仍有不少法官及司法辅助人员对其改革后的薪酬保障持不大满意的态度。法官的工资调节机制有待加强、司法辅助人员的分类管理和薪酬保障改革不足、省级财物统管可能造成"省级地方保护主义"等问题仍较为突出。故本文提出可通过建立法官工资的定期增长机制、司法辅助人员的单独薪酬保障序列、法官的业绩评价机制、全额退休金制度、资深法官制度等以进一步加强法官的薪酬保障力度,从而使得"高薪养廉"的观念更加深入人心。通过加强省级人大及其常委会对省以下法院的财物统管力度,以更好地保障法官薪酬发放来源的独立性,从而真正建立起有利于我国司法实践的法官及司法辅助人员薪酬保障制度,以促进司法改革其他配套制度改革的顺利进行,为我国尽早建成社会主义法治国家奠定坚实的基础。
[Abstract]:Judges and judicial auxiliary personnel are one of the important participants in judicial activities. As an important part of their job security, the compensation protection of judges and judicial auxiliary personnel is also the proper meaning of the current judicial reform in our country. Due attention should be paid to it. However, the establishment of a complete system of compensation protection for judges and judicial auxiliaries cannot simply be equated with an increase in the salaries of judges in posts. In this round of reforms, the original intention of the reform of the compensation and security system for judges and judicial auxiliaries is to strengthen the professional security of judges, to ensure that judges exercise their jurisdiction independently according to law, to comprehensively enhance the quality and effectiveness of the trial, and to enhance the sense of professional honor of judges. The basic problems of social identity and rebuilding judicial credibility. In order to find out the satisfaction and influencing factors of the judges' salary after the reform of post system, this paper investigates the judges and judicial assistant staff through the electronic questionnaire. According to the results of the investigation, after the post system reform, the "deadministrative goal" of some pilot courts has been preliminarily realized, but there are still many judges and judicial assistants who are not satisfied with the salary guarantee after the reform. The adjustment mechanism of judges' wages needs to be strengthened, the classified management of judicial auxiliary personnel and the reform of salary guarantee are insufficient, and the problems of "provincial local protectionism" may be caused by the provincial property control. Therefore, this paper puts forward that we can establish the regular increase mechanism of the judges' wages, the individual salary security sequence of the judicial auxiliary personnel, the performance evaluation mechanism of the judges, the full pension system. The senior judge system and so on further strengthens the judge's salary safeguard dynamics, thus causes "the high salary raises the clean government" the idea more deeply popular. By strengthening the provincial people's Congress and its standing Committee in charge of the property of the courts below the provincial level, in order to better safeguard the independence of the source of the judges' remuneration, In order to promote the smooth progress of other supporting systems of judicial reform and lay a solid foundation for our country to build a socialist country ruled by law as soon as possible, the compensation security system of judges and judicial auxiliaries is really established in favor of judicial practice in our country.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

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