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新一轮的司法改革提出“让审理者裁判,由裁判者负责”的改革目标,旨在解决多年来广受诟病的“审者不判、判者不审”的司法行政化问题。这使得“法官独立审判”这个近年来相对冷门的话题再度受到人们的关注。结合司法实践中存在的与“法官独立审判”相违背的现象,提出法官独立审判应具备的基本要素,分析阻碍法官独立审判的体制性、制度性障碍,找出实现法官独立审判这一改革目标的方法,包括建立行政与司法相对分离的管理体制、符合司法规律和法官职业特点的法官管理制度以及科学合理的审判监督制度等。
The new round of judicial reform puts forward the reform goal of “let the adjudicator be judged and the magistrate be held responsible”, aiming at solving the problem of judicial administration that has been criticized over the years for many times. problem. This makes the issue of “Judge's Independent Judgment” a relatively unpopular topic in recent years once again received the attention of people. In combination with the phenomenon of “independent judgment of judge” existing in judicial practice, the author puts forward the basic elements that judges should have in independent trial, analyzes the institutional and institutional obstacles that impede the judge's independent trial, and finds out how to realize the judge's independent trial The methods for reforming the goal include establishing a relatively separated administrative system from the judiciary, a system of judges in accordance with judicial laws and professional characteristics of judges, and a scientific and reasonable system of trial and supervision.