我国审判权行使的三元分离及其重构

审判权具有专属性,应当完整、不被分割地由法官独立行使。我国的审判权行使在法院内部呈现一种三元分离结构,人为割裂了审与判的关系,成为影响我国司法公正的重要因素。在审判权行使重构过程中,应不断加强合议庭,规范审委会,弱化联席会,然后逐渐限制以至取消庭长(审判长联席会)和院长(审判委员会)行使审判权,使审判权的行使回归合议庭,在此基础上最终实现法官独立。

The Ternary Separation in Jurisdiction Exercise and Reconstruction in China

The jurisdiction is an exclusive right.It should be completely and not be separately exercised by the judge independently.The exercise of jurisdiction within the court rendered in a ternary discrete structure,and separates the relationship between the trial and sentence artificially,they are the important factors which effects the justice in China.We should continue to strengthen the collegial panel,standard sentence committee,and weaken the joint committee,and then gradually restrict and abolish the right to exercise jurisdiction of president(the presiding judge Joint Council) and dean(Judicial Committee) in the reconstruction process of jurisdiction exercise.The exercise of jurisdiction should be returned to collegial panel,and the independence of judges will be realized on this basis ultimately.