应建立法官当庭裁决的机制

我国人民法院审理各类案件,在当庭裁决与庭后裁决的选择上,当前以庭后裁决为主。从多个方面分析了选择庭后裁决的原因,探讨了庭后裁决的利与弊。认为随着司法体制改革与审判工作机制改革的深入,为适应提高审判效率,节省诉讼资源,完善法官素质的要求,应向当庭裁决的方向发展。为适应当庭裁决的要求,提出应进一步明晰法官的权与责,赋予主审法官独立审判的权力,健全法官的责任追究制度;应调整审判委员会的职能;应严格执行审限;应加强对法官的培训与教育。

Setting up the Mechanism of On-court Verdict

The selection between on-court verdict and off-court verdict is studied. In China most of various courts are selecting the off-court verdict for different cases. Analyzes the causes of such a selection and its advantages and disadvantages. It is expected that the on-court verdict will be the predominant selection in China because it adapts to the requirements of improving trial efficiency, saves on litigious resource and perfecting judges' competence along with the thorough reform of judicial system and trial mechanism. To meet the requirements for on-court verdict, some necessary measures are suggested to take, including clarifying further the power and duty of judges, granting the independent jurisdiction to chief judges, perfecting the regulations to call judges to account for their misfeasance, readjusting the function of judicial committee, executing strictly the trial period and stepping up the effort to train/educate judges.