论我国法官助理制度的重构

发布时间：2019-06-11 11:57

【摘要】：法官助理制度在我国尚处于试行阶段，并没有在全国普遍推广，但法官助理制度却是我国司法制度不可或缺的重要组成部分。文章从分析法官助理制度的基本内涵、制度特点和制度价值入手，阐述了我国法官助理制度的实施背景和实施现状，，结合对国外法院法官助理制度的考察，并以我国的法院实际情况为基础，提出了重构我国法官助理制度的基本方案。具体来说，文章可以分为如下几个部分：首先，主要对文章的选题背景、研究目的和研究意义进行阐述。其次，文章分别介绍了法官助理制度的基本内涵、法官助理制度的基本特征和法官助理制度的价值。接下来，着重论述我国法官助理制度的现状与缺陷。本部分主要介绍了我国实施法官助理制度的时代背景和法官助理制度在我国发展的现状，并总结了法官助理制度在我国各级法院实行过程中所暴露出来的问题。再次，对国外法官助理制度进行考察。文章分别以美国、英国、加拿大及德国和法国的法官助理制度为切入点，仔细分析了这些英美法系和大陆法系典型国家的法官助理制度，并对两大法系国家法官助理制度的相同点和不同点进行了深入的比较和研究。最后，阐述重构我国法官助理制度的具体设想。该部分主张在借鉴西方国家成功经验的基础上，结合我国的实际情况，重构我国的法官助理制度。本部分提出了重构这一制度的几点具体措施，包括对法官助理的定位要准确，要厘清法官助理与法官、助理审判员及书记员之间的关系；明确法官助理的来源和任职条件；科学划分法官助理的职责；对法官助理的配置比例规划要合理；建立与法官助理工作性质相符合的考核机制，希望以上几点建议对完善我国的法官助理制度有所帮助。从而推进司法改革的进程，加快法官职业化的步伐。
[Abstract]:The system of assistant judge is still in the trial stage in our country, and has not been popularized in the whole country, but the system of assistant judge is an indispensable part of the judicial system of our country. Based on the analysis of the basic connotation, characteristics and value of the assistant system for judges, this paper expounds the background and present situation of the implementation of the assistant system for judges in China, and combines with the investigation of the assistant system for judges in foreign courts. Based on the actual situation of the court in our country, this paper puts forward the basic scheme of reconstructing the assistant system of judges in our country. Specifically, the article can be divided into the following parts: first of all, mainly on the background of the topic, research purpose and significance of the study. Secondly, the article introduces the basic connotation of the judge assistant system, the basic characteristics of the judge assistant system and the value of the judge assistant system. Next, it focuses on the present situation and defects of the assistant judge system in our country. This part mainly introduces the background of the implementation of the assistant system of judges in our country and the present situation of the development of the assistant system of judges in our country, and summarizes the problems exposed in the implementation of the assistant system of judges in the courts at all levels in our country. Thirdly, the foreign judge assistant system is investigated. Based on the system of assistant judge in the United States, Britain, Canada, Germany and France, this paper carefully analyzes the system of assistant judge in these typical countries of common law system and civil law system. At the same time, the similarities and differences of the assistant system of judges in the two legal countries are compared and studied in depth. Finally, it expounds the concrete assumption of reconstructing the assistant system of judges in our country. This part advocates the reconstruction of the assistant system of judges in China on the basis of drawing lessons from the successful experience of western countries and combining with the actual situation of our country. This part puts forward some concrete measures to reconstruct the system, including the accurate positioning of the assistant judge, the clarification of the relationship between the assistant judge and the judge, the assistant judge and the clerk, the source and the service condition of the assistant judge, and the clarification of the relationship between the assistant judge and the judge, the assistant judge and the clerk. It is hoped that the above suggestions will be helpful to perfect the system of assistant judges in our country by scientifically dividing the responsibilities of assistant judges; planning the proportion of assistant judges in a reasonable way; and establishing an assessment mechanism consistent with the nature of the work of assistant judges. In order to promote the process of judicial reform and speed up the pace of professionalization of judges.
【学位授予单位】：燕山大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.2

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