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最高人民法院“四五改革纲要”明确提出,建立中国特色社会主义审判权力运行体系,必须完善以审判权为核心、以审判监督权和审判管理权为保障的审判权力运行体系。但审判实践中,面对审判权运行机制改革的新形势,审判监督权、审判管理权出现了缺位、失位的现象,导致审判质效出现明显波动甚至一定程度的下降。如何规范并重塑审判权与审判管理权、审判监督权的良性互动关系成为迫切需要解决的现实问题。本人认为,审判权力运行机制的核心问题是合理界定审判管理权和审判监督权的权力边界,科学规范审判权与审判监督权、审判管理权的三权关系。
The Supreme People’s Court clearly stated that to establish an operational system for trial power of socialism with Chinese characteristics, it is necessary to improve the system of judicial power running under the jurisdiction of judicial power and judicial power. However, in the trial practice, in face of the new situation of the reform of the operating mechanism of judicial power, there is a vacancy and a loss of status in the powers of trial supervision and judicial power management, resulting in obvious fluctuation or even a certain drop in the quality of trial. How to standardize and reshape the benign interaction between judicial power, judicial power and trial power has become an urgent problem to be solved. In my opinion, the core issue of the operating mechanism of judicial power is to rationally define the boundaries of the power of trial and judicial power and to scientifically standardize the tri-functional relationship between judicial power, judicial power and trial power.