论当庭宣判

当庭宣判对于实现实体公正、程序公正以及提高诉讼效率都具有非常重要的意义。在我国,定期宣判被普遍化而当庭宣判则成为例外的做法,这种现象弱化了法庭审判的功能,导致许多案件的一审、二审甚至再审程序被架空,加剧了司法腐败和司法不公,同时妨碍了社会公众对审判活动的监督。这一问题的出现有着复杂的原因:庭前和庭审阶段存在的问题使法官难以当庭宣判;立法上存在的缺陷使法官不愿当庭宣判;错案追究制使法官不敢当庭宣判。要实现当庭宣判制度,必须进行相应的制度改革。

On the System of Pronouncement of a Judgment in Court

The system of pronouncement of a judgment in court is of great importance to the realization of substantive justice, procedural justice and to the enhancement of efficiency of lawsuit. In China, to pronounce the judgment on a fixed day has become the common practice while to pronounce the judgment in court has become the exceptional practice. This phenomenon has weaken the function of adjudication and leads to the appellate procedure and even the rehearing procedure of many cases meaningless. As a result, it has aggravated judicial corruption and judicial unfairness and meanwhile hindered the public from supervising the adjudication. Complicated reasons contribute to this situation: the defection of the legislation makes the judge unwilling to pronounce the judgment in court, the system of punishment if his judgment turns out to be wrong makes the judge dare not pronounce the judgment in court. In order to realize the system of pronouncing a judgment in court, the corresponding reforms need to be carried on.