主审法官办案责任制研究

发布时间：2019-05-08 03:04

【摘要】：纵观整个人类社会各个历史时期,人们对司法公正的要求越来越高,并且一直在追寻司法能够公平、公正,而法官对司法公正具有重要的影响。法官是“法律由精神王国进入现实王国控制社会生活关系的大门,法律借助法官而降临尘世”。然而,随着我国经济的快速发展,带来了各种社会问题。急剧变化的社会也使得我国社会纠纷明显地增多。法院在承担社会矛盾、解决社会矛盾的角色上发挥了积极重要的作用。但是,面对日益增多的案件数量,法官的压力越来越大。,改革法院审判权运行机制,提高法官办案的质量与效率事不宜迟。我国正处于司法体制改革的关键时期,司法体制改革的核心在于提高司法公信力,提高司法公信力的关键在于能否让法官独立公正行使审判权,从而真正实现“让审理者裁判、由裁判者负责”。在我国司法实践中,法官在办案过程中的独立审判权缺乏制度上的充分保障。法官在办案过程中造成的冤假错案也时有发生。为了提高我国主审法官的办案质量以及防止冤假错案的发生,党的十八届三中全会明确提出改革主审法官办案责任制度。2014年最高人民法院发布的《人民法院第四个五年改革纲要(2014-2018)》也将“完善主审法官、合议庭办案责任制”作为关键环节,并提出了相关的配套改革措施。由此可见,主审法官办案责任制已经成为我国当前司法改革中的重要环节。我国在主审法官责任制改革的过程中,无论在理论还是在实践上均取得了较好的成果。但是,在主审法官的责任制改革中仍然存在着一些问题。因此,对主审法官办案责任制开展研究仍具有较强的现实意义。本论文主要分为三个部分:第一部分对我国主审法官责任制的一般理论进行了分析。首先,从概念界定入手,对主审法官、主审法官责任制进行初步探讨。其次,对主审法官责任制产生的理论基础进行分析,主要从权责一致、司法公正、司法效率三个方面对主审法官办案责任制的产生作出深入的分析。再次,着眼于法学理论的角度,从消除司法行政化弊端、完善司法权力运行机制、提升司法公信力、实现审判统一四个方面阐述主审法官办案责任制的价值基础,为后文的论述打下坚实的理论基础。第二部分阐述了主审法官责任制实施中的现实困扰。从主审法官办案责任制具体实施入手,总结实施过程中存在的问题,从相关配套制度不够完善、主审法官的主体地位有待加强、主审法官权力范围不确定、主审法官追责标准不够明确四个方面对主审法官办案责任制加以剖析。第三部分提出了完善主审法官责任制的路径。根据第二部分提出的主审法官办案责任制在实施中存在的问题,从完善相关配套制度、突出主审法官办案的主体地位、厘清主审法官的权力范围、明确主审法官责任认定标准四个方面对完善主审法官责任制提出改进意见,以便主审法官办案责任制更好地在实施过程中运行。
[Abstract]:Throughout the history of human society, people's demand for judicial justice is getting higher and higher, and it has always been in the pursuit of justice to be fair and fair, and the judge has an important influence on the judicial justice. The judge is a "The law is the door of the spiritual kingdom to enter the real kingdom to control the social life, and the law comes to the earth with the aid of a judge.". However, with the rapid development of our economy, various social problems have been brought forward. The rapidly changing society also makes the social dispute of our country increase obviously. The court plays an active and important role in the role of social contradictions and social contradictions. However, in the face of the increasing number of cases, the pressure of the judges is increasing. It is not very late to reform the operation mechanism of the jurisdiction of the court and to improve the quality and efficiency of the judge's case handling. Our country is in the critical period of the reform of the judicial system, the core of the judicial system reform is to improve the judicial credibility, and the key to the improvement of the credibility of the judicial system is whether the judge can exercise the jurisdiction independently and impartially, so as to truly realize the "The judge of the judge who is in charge of the judge.". In the judicial practice of our country, the judge's independent trial in the process of handling the case lacks the full guarantee of the system. The justice of the judge in the process of the handling of the case has also occurred. in order to improve the handling quality of the presiding judge in our country and to prevent the occurrence of the false and false cases, The Third Plenary Session of the 18th Session of the Communist Party of the People's Court of the People's Court of the People's Court of the People's Court of the People's Court issued by the Supreme People's Court in 2014 put forward the reform outline of the fourth five-year reform of the People's Court (2014-2018), as well as the "Improve the responsibility system of the presiding judge and the collegial panel" as the key link, and put forward relevant reform measures It can be seen that the responsibility system of the presiding judge has become an important link in the current judicial reform in our country. In the course of the reform of the responsibility system of the presiding judge, China has achieved good results both in theory and in practice. However, there are still some problems in the responsibility system reform of the presiding judge. Therefore, it is of great practical significance to carry out the research on the handling responsibility system of the presiding judge. The thesis is divided into three parts: the first part analyses the general theory of the responsibility system of the presiding judge in China. First, from the definition of concept, the responsibility system of the presiding judge and the presiding judge should be discussed. Secondly, the author analyzes the theoretical basis of the responsibility system of the presiding judge, and makes an in-depth analysis of the responsibility system of the presiding judge on the basis of the three aspects of the accrual, the judicial justice and the judicial efficiency. Thirdly, based on the angle of the law theory, the paper expounds the value basis of the responsibility system of the presiding judge in four aspects, such as the elimination of the malpractices of the administration of justice, the improvement of the operation mechanism of the judicial power, the promotion of the credibility of the judicial system and the realization of the unification of the trial, and lays a solid theoretical foundation for the following discussion. The second part expounds the real problem in the implementation of the responsibility system of the presiding judge. Starting with the implementation of the responsibility system for handling the case of the presiding judge, the problems existing in the implementation process are summarized, the main status of the presiding judge is to be strengthened, and the power scope of the presiding judge is not determined. The judge's accountability standard of the presiding judge is not clear, and the case-handling responsibility system of the presiding judge is analyzed. The third part puts forward the way to improve the responsibility system of the presiding judge. according to the problems existing in the implementation of the case-handling responsibility system of the presiding judge put forward by the second part, It is clear that four aspects of the criteria for determining the responsibility of the presiding judge are to improve the responsibility of the presiding judge, so that the responsibility system of the presiding judge can be better operated in the course of implementation.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

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