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重塑合议庭办案责任制,应当在保障合议庭依法独立行使审判权的前提下,坚持责、权、利相统一和依法履行职权豁免等原则,科学界定合议庭及其办案成员办案责任的责任标准、责任事由、问责程序、责任方式、救济程序等事项,实现责任标准从主观过错转向外在行为失当,责任事由从实体裁判不公转向程序违法或不当,问责程序从内部的行政化程序转向法定的审判程序,责任方式进一步体现法官职业特色,救济程序从内部救济转向外部救济。同时,通过建立科学的合议庭绩效考评制度、健全法官职业保障制度、深化院长庭长审判管理职责改革等措施予以配套保障,从而真正实现让审理者裁判、由裁判者负责的司法改革目标。
To reshape the system of responsibility for handling cases in the collegiate bench, we should scientifically define the standards of responsibility and responsibilities of the collegiate bench and its members handling the case on the premise of guaranteeing the collegial panel independent exercise of judicial powers in accordance with the law, insisting on the principles of responsibility, power, and interests, and performing the functions and powers exemption according to law Reasons, accountability procedure, remedial procedures and other matters, to change the standard of responsibility from subjective fault to external misconduct, to change the responsibility procedure from the unfairness of the substantive judgment to the procedural irregularity or improperness, to transfer the accountability procedure from the internal administrative procedure to the statutory Trial procedure and responsibility mode further reflect the professional characteristics of the judge, and the procedure of relief turns from internal relief to external relief. At the same time, the goal of judicial reform, which is to let the adjudicator judge and the judge hold the responsibility, is realized through the establishment of a scientific collegial bench performance appraisal system, the improvement of the judge’s job security system and the deepening of presidential trial reform.