法官員額制改革的理論反思

Theoretical Reflection on the System Reform of the Specified Number of Judge CHEN Ruihua

法官員額制改革的推行，在初步實現入額法官的專業化和精英化的同時，也帶來了包括“案多人少”“訴訟效率下降”“辦案法官不堪重負”等一系列問題。要解决這些問題，就需要以改革的思維，提出創造性的解决方案，同時可以吸取一些地方的成功改革經驗，使之上升爲可推廣的制度安排。改革者應認真反思司法行政管理體制的變革，討論入額法官審判團隊的科學構建，思考合議制適用範圍的合理限制，並將案件的集中審理以及法官職業保障的完善等問題，納入進一步改革的課題之中。 With the implementation of the System Reform of the Specified Number of Judge, the professionalization and elitism of the judges have been initially realized. But at the same time, a series of problems have also been brought in, such as the dilemma between more cases and fewer judges, the lower efficiency of litigation and the unbearable work burden of judges. In order to solve these problems, we need to put forward creative solutions with the mentality of reform, and we also can learn from the successful reform experience of some local reforms and make it an institutional arrangement for promotion. In the process of the further reform, the reformers should consider the basis of the system of the specified number seriously, review the system reform of the judicial administrative management, discuss the scientific construction of the judge’s team, take the limitation of the application’s scope of the collegiate system into account, and focus on the centralized trial of cases and the improvement of the professional security of judges.

With the implementation of the System Reform of the Specified Number of Judge, the professionalization and elitism of the judges have been initially realized. But at the same time, a series of problems have also been brought in, such as the dilemma between more cases and fewer judges, the lower efficiency of litigation and the unbearable work burden of judges. In order to solve these problems, we need to put forward creative solutions with the mentality of reform, and we also can learn from the successful reform experience of some local reforms and make it an institutional arrangement for promotion. In the process of the further reform, the reformers should consider the basis of the system of the specified number seriously, review the system reform of the judicial administrative management, discuss the scientific construction of the judge’s team, take the limitation of the application’s scope of the collegiate system into account, and focus on the centralized trial of cases and the improvement of the professional security of judges.