法院“人财物”问题研究——以法院审判权的独立行使为视角

我国之所以出现法院对地方政府的依赖以及地方政府对法院审判权的不当干预现象,根本原因在于目前法院的"人财物"管理方式存在制度性缺陷,即法院行政化的人事制度、依赖政府财政拨款的经费保障制度与现代审判权的运行规律存有内在冲突。它"后台"式地消解着法院的独立性,必须建立以符合法官职业特性和审判权运行规律的"人财物"管理制度,这是审判权独立运行的基石。

Study on the Issue of “Personnel,Fund and Property" of the Court——from the Perspective of Independent Exercise of the Court’s Judiciary Power

At present in our country, courts rely on local governments to some extent and the latter im- properly intermeddle with the judiciary power of the former. The core cause of such phenomena lies in an insti- tutional defect of management as to the “personnel, fund and property” of the court. Specifically, inner con- flicts arise among the court＇ s human resource system with administrative nature ; the court＇ s relying on gov- ernmental fiscal appropriation as fund guarantee; and the exercising rules of modern judiciary power. The in- dependence of the court has been dissolved from the “backyard”. Thus, it is suggested to set up such a man- agement system for the “personnel, fund and property”as conforming to the professional feature of judges and exercising rules of judiciary power, which is the cornerstone of the court＇s independent exercise of their judi- ciary power.