论文部分内容阅读
《人民法院第二个五年改革纲要》提出:要“建立法官依法独立判案责任制,强化合议庭和独任法官的审判职责……逐步实现合议庭、独任法官负责制”。这一改革的要求和发展趋势,正在和必然要将过去由院、庭长对案件质量层层把关的做法逐步改变为合议庭、法官负责制。即此,法院面临着一个严峻而现实的问题:合议庭、法官应当如何把好案件质量关?笔者认为,要把好案件质量关,除了法官本身具有良好的思想品德、过硬的业务素质和工作责任心外,合议庭评议制度的设计是否科学合理,对案件质量将起着关键的作用。因为合议庭评议制度
The Outline for the Second Five-year Reform of the People's Court put forward the following: It is necessary to “establish a judge's responsibility system for independently judging cases according to law, and strengthen the trial functions of the collegial panel and the sole judge... To gradually realize the collegial panel and the sole responsibility system for judges.” The requirements and trends of this reform are being and will inevitably be changed by the courts and presidents in examining the quality of cases at various levels to gradually changing the system of collegial panel and judge responsibility. That is to say, the court faces a serious and realistic question: how should the collegial panel and the judge judge the quality of the case? In my opinion, the quality of the case should be well controlled except that the judge has good ideological and moral qualities, excellent professional qualifications and job responsibilities Outside the heart, whether the design of the collegiate bench review system is scientific or reasonable will play a key role in the quality of the case. Because of the collegiate bench comment system