法官员额制:现状、困境及出路
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摘要
随着最高法院《五年改革纲要<2014-2018>》的发布,法官员额制改革拉开序幕,试点法院也在近几年分批次地开展法官员额制改革的试点工作。作为新一轮司法体制改革的重要内容,法官员额制对推进司法公正、提高司法效率有积极的作用。但伴随着法官员额制改革的推进,一些问题也逐渐显现,"案多人少"的矛盾、遴选机制不甚合理、入额法官与司法辅助人员的职业定位不清等问题都给法官员额制改革带来了一定的挑战。在员额制改革持续深化的背景下,应当正视问题,带着问题推进改革,探索法官员额制的可持续发展之路。
With the release of the outline of the Supreme Court's five-year reform, the reform of the post system of judges begins, and the trial court has also carried out the pilot work of the reform of the post system of judges in recent years. As an important part of the new reform of judicial system, the post system of judges plays a positive role in promoting judicial justice and improving judicial efficiency. However, with the advancement of the reform of the judges' post system, some problems have gradually emerged. The selection mechanism is not very reasonable because of the contradiction of "more cases with fewer people". The ambiguity of the professional position of the judges and judicial assistant staff has brought some challenges to the reform of the judges' post system. Under the background of the continuous deepening of the post system reform, we should face the problem squarely, push forward the reform with the problems, and explore the sustainable development road of the post system of judges.
With the release of the outline of the Supreme Court's five-year reform, the reform of the post system of judges begins, and the trial court has also carried out the pilot work of the reform of the post system of judges in recent years. As an important part of the new reform of judicial system, the post system of judges plays a positive role in promoting judicial justice and improving judicial efficiency. However, with the advancement of the reform of the judges' post system, some problems have gradually emerged. The selection mechanism is not very reasonable because of the contradiction of "more cases with fewer people". The ambiguity of the professional position of the judges and judicial assistant staff has brought some challenges to the reform of the judges' post system. Under the background of the continuous deepening of the post system reform, we should face the problem squarely, push forward the reform with the problems, and explore the sustainable development road of the post system of judges.
引文
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[4]拜荣静.法官员额制的新问题及其应对[J].苏州大学学报,2016(2).
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[2]徐静村.中国司法改革的动态、展望与挑战[J].甘肃政法学院学报,2017(1).
[3]陈瑞华.法院改革的中国经验[J].政法论坛,2016(7).
[4]拜荣静.法官员额制的新问题及其应对[J].苏州大学学报,2016(2).
[5]丰霏.法官员额制的改革目标与策略[J].当代法学,2015(5).