我国法官终身负责制研究

发布时间：2019-01-03 11:07

【摘要】：我国经过几十年的发展,一方面公民的权利义务意识增强,注重自身利益同时对社会其他领域的关注度也随之提高,尤其是公民对法律有了更多的了解和求知欲;另一方面,整个经济和社会也对司法提出了新要求,要求司法符合发展并能解决其存在的各种问题。为了完善司法,我国在司法责任制度方面进行了不懈的努力和探索。由于错案追究责任制度存在种种缺陷,2015年9月最高人民法院发布《最高人民法院关于完善人民法院司法责任制的若干意见》,明确法官应对其履行审判职责的行为承担责任,在职责范围内对所办的案件承担终身负责。法官终身负责制诞生。我国法官终身责任制度实际推行的时间较短,所以就目前和可能预测的难题及不足主要是法官终身责任中法官责任的认定标准、法官责任监督和法官个体情况复杂等。可以看到,当前的国家政治制度以及司法制度框架下,法官审理权和判决权的统一受到一定程度的约束;我国法官队伍本身的现实状况不利于法官终身责任制的实现;法官责任追究和职业保障制度的不健全也给法官责任制带来一系列的挑战。为了让法官终身责任制度能实现司法改革目标并与中国情况相融合本文将从具体的问题中探求出完善该项制度的方法。本文侧重法官终身责任制存在的问题和实际落实中存在的问题,通过分析和调查来查明法官终身负责制实施中遇到的问题、了解法官对该项制度的想法和需求,从而为法官终身责任制的推行提出合理建议使得法官职业更好服务社会、造福社会。法官终身负责制能发挥推动和激励司法改革的作用,保障司法公正高效并让每一位公民从中感受到司法的公正权威以及产生社会安全感。本文包括引言、正文和结语。其中,正文包括五个部分。第一部分是法官终身责任制的概述,主要介绍了对法官终身制的概念、特征、内容的介绍以及法官终身责任制的意义。第二部分论述的是法官终身责任制度存在的问题进行分析。主要从法律依据不足、法官判案独立问题、追究责任的标准和程序不完善以及法官人才流失导致法官队伍断层几个方面来论述。第三部分是对造成法官终身责任制问题的原因分析。从我国制定法律过程和法律位阶来分析为何法官终身责任制法律依据不足;从行政化等因素分析为何法官地位不够独立;从法官职业保障制度不完善等因素分析为何法官队伍人才流失。第四部分是对完善法官终身责任制的建议。主要从法律依据到追责主体、追究程序、责任承担、案后评价和反馈几个阶段来提出合理的建议。
[Abstract]:After decades of development, on the one hand, citizens' awareness of rights and obligations has been strengthened, and their own interests have been paid more attention to other fields of society, especially the citizens have more understanding of the law and thirst for knowledge; On the other hand, the whole economy and society also put forward the new request to the judicature. In order to perfect the judicature, our country has carried on the unremitting efforts and the exploration in the judicial responsibility system. In September 2015, the Supreme people's Court issued the opinions of the Supreme people's Court on perfecting the Judicial responsibility system of the people's Court to make it clear that judges should be held responsible for their actions to perform their judicial duties. To be responsible for the case for life within the scope of his duties. The life-long responsibility system of judges was born. The actual implementation of the system of lifelong responsibility of judges in our country is relatively short, so the present and possible problems and deficiencies are mainly about the standards of determining the responsibility of judges, the supervision of responsibility of judges and the complexity of individual situations of judges. It can be seen that under the framework of the current national political system and judicial system, the unity of judge's right of trial and judgment is restricted to a certain extent, the actual situation of our country's judges' team itself is not conducive to the realization of the judges' lifelong responsibility system; The accountability of judges and the imperfection of job security system also bring a series of challenges to the responsibility system of judges. In order to realize the goal of judicial reform and merge with the situation of China, this paper will find out the method of perfecting this system from the concrete problems. This paper focuses on the problems existing in the tenure responsibility system of judges and the problems existing in the practical implementation, through analysis and investigation to find out the problems encountered in the implementation of the tenure responsibility system of judges, and to understand the ideas and needs of the judges on this system. Therefore, the author puts forward some reasonable suggestions for the implementation of the responsibility system for the life of the judge, so that the profession of the judge can serve the society better and benefit the society. Judge lifelong responsibility system can play a role in promoting and encouraging judicial reform, ensuring judicial justice and efficiency and making every citizen feel the judicial justice authority and produce sense of security. This article includes introduction, text and conclusion. Among them, the text includes five parts. The first part is an overview of the tenure responsibility system of judges, mainly introduces the concept, characteristics, content and significance of lifelong responsibility system of judges. The second part discusses the problems existing in the system of lifelong responsibility of judges. This paper mainly discusses from the following aspects: the lack of legal basis, the independence of judge judgment, the imperfect standards and procedures of investigating responsibility, and the judges' brain drain leading to the fault of judges' ranks. The third part is the analysis of the causes of the judges' lifetime responsibility system. This paper analyzes why the legal basis of the lifelong responsibility system of judges is insufficient from the legal process and legal rank of our country, and analyzes why the status of judges is not independent enough from such factors as administrative factors, etc. This paper analyzes the reasons for the brain drain of judges from such factors as the imperfect system of professional security of judges. The fourth part is to consummate the judge lifelong responsibility system suggestion. Mainly from the legal basis to the main body of accountability, accountability procedures, responsibility, post-case evaluation and feedback several stages to put forward reasonable suggestions.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

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