我国司法制度改革的理想与现实

司法独立是一项具有"公理"性质的内容.在我国,法院制度的"泛行政化"已引起了广泛的关注,并提出了各种有意义的改革建议.然而我们不可以回避自身的传统和现实,我们从来都不具备西方经典司法独立模式的"土壤".因此在借鉴人类政治文明的成果的同时,寻找一条切合我国国情的、务实的渐进改革思路,是我国司法制度改革的既理想又可行的改革路径.现阶段的司法制度改革应首先将法院的审判职能与行政职能分开,淡化行政在审判中的色彩,并在现有审判人员制度改革的基础上逐渐过渡到相对理想的法官独立制度.

Ideal and Reality of Chinese Judicial System Reform

Judicial independence is of the putative nature. In China, pan-administration in Chinese legal institutions has aroused a wide attention, and various significant reform proposals have been put forward in relation to it. However, the tradition and reality cannot be bypassed, since the 'soil' for the classical model of western judicial independence has not been ready. Taking advantage of the accomplishments of human political culture as a point of reference and seeking a gradually reforming approach, which is both pragmatic and suitable for our national conditions, is therefore the main purpose of this paper. This paper also advocates separating judge function from administrative one in court first, then reducing administration in the process of judgment and achieving the gradual transition to relatively ideal independence of judges, on the basis of the present reform of judge system.