中国语境下的判后答疑制度

判后答疑是一定历史条件下解决大量涉诉信访案件的司法政策,在处于转型期的中国社会中,短期内有助于降低申诉、上访率。自最高人民法院提出在全国法院系统大力推行判后答疑制度之后,判后答疑制度已在全国各级法院陆续试行。但是因其固有的缺陷和功能弊端,长期坚持判后答疑会有损于司法权威。司法机关应将司法制度创新的重心由诉讼外的司法政策转移到诉讼内的制度完善上来,通过充分利用判前说理制度、心证公开制度等来增强判决的可接受性,才能真正使当事人服判息讼,案结事了。

Reply after Trial System in the Chinese Context

Reply after trail is a judicial policy to solve a large number of petition cases under certain historical conditions. In the short term, it helps reduce the rate of complaints and petitions in the period of social transition in current China. Since the Supreme People＇s Court presented that reply after trail system be implemented in the court system, the system has been tried in the courts of the country at all levels. But due to its inherent defects and function disadvantages, long term adherence to the system will be detrimental to the judicial authority. Judicial organs should shift the focus of judicial system innovation from judi cial policy outside the litigation to system improvement inside the litigation. Besides, the pre judgment reasoning system and the publicity of discretionary evaluation system should be made full use of to enhance the acceptability of verdict, so as to make the litigants accept the verdict willingly and the case closed.