论文部分内容阅读
一、建立民事主审法官制的目的问题建立民事主审法官制的目的,简而言之,就是要从根本上解决长期以来,在审判工作中存在的,现行民事案件承办制度所无法避免和解决的,审判人员责和权亦即审和判严重脱离,审判委员会、庭长和院长等包揽判决案件的审判活动,而无法从体制上把关重大、复杂和疑难案件,无法从宏观上管理业务建设的多种弊端.其主要表现:一是承办人员无权定案,定案人不办案;二是先定后审现象严重,庭审走过场;三是错案责任承担主体不明,追究无着力点;四是院长、庭长不是抓宏观管理,而是事无巨细地讨论案件,签发法律文书,事倍功半.这些因素的大量存在,一方面人为地造成法院办案的繁文褥节,影响快审快决,违背了诉讼经济原则,徒增讼累;另一方面,也是主要方面,这些因素在很
First, the purpose of establishing a civil trial judge system The purpose of establishing a civil trial judge system, in short, is to fundamentally solve the long-standing, the trial exists, the current civil case contracting system can not be avoided and However, judiciary responsibility and the power of trial and adjudication are severely separated from trial judiciary, presiding judge and dean. Judicial activities such as judiciary commissions, judiciary commissions, presidents and presidents can not be controlled macroscopically from the institutional standpoint of major, complex and difficult cases The main manifestations: First, the contractor does not have the authority to determine the case, the defaulters do not handle the case; Second, the first set of serious after-trial, court trial to go through the field; Third, the main body of misstatement of responsibility is unknown, hold no point; Instead of grasping macroeconomic management, presidents and presidents discuss matters without law and quantity and issue legal instruments more efficiently and time and again. The large number of these factors, on the one hand, artificially inflict heavy red tape on court cases, Violate the principle of economic litigation, only by lawsuit tired; on the other hand, is also the main aspects of these factors are very