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The author:(作者)qqpublished in(发表于) 2013/11/21 1:34:49 Foshan， Guangdong， the first batch of 35 test the waters of the presiding judge sentenced
18 plenary session noted that in terms of promoting the construction of the rule of law, and prosecutorial power to ensure that an independent and impartial judicial power should be exercised according to law. Earlier this year, the Foshan intermediate people's Court in independent trial mechanism as a breakthrough of the presiding judge, breaking the "trial, sentenced to isolation", explore the administration of Justice, first to test the waters of 35 presiding judges from trial a miscarriage of Justice.
This was in conjunction with the plenary. Recently, party members, Xu Jiaxin, Director of the political Department of the Supreme Court of this investigation, gave highly positive to reform of Foshan, Foshan intermediate people's Court, considered more Court presiding judge in charge of the reform team "standardization, specialization and profession of" building, in the reform of China's judicial "specimen" meaning. Reforms in 10 months, Foshan intermediate people's Court has broken "promoted a court room leader, the less a good judge," circle, in the case of growth of litigation cases receive, instead of closing up to 7.24% cases trial-days decreased by an average of 5.2 days.
Senior judges back case
Foshan intermediate people's Court trial oversight Court President Sean says he's very happy, since January this year, she dropped off a heavy administrative burden, hammer ringing law again. Like Sean again "coming out" of senior judges, in the Foshan intermediate people's Court in number.
April 2009, in Delta in the homes Dean "science development, and first first try" seminar Symposium Shang, dang other court in trying to to Government VIP to property, to mitigation case more people less contradictions Shi, took office not to a years of Foshan in the homes Dean Chen Zhiyun keen to throws presiding judge responsibility intensive type reform ideas: only again shuffle, let experience most rich, and capacity most highlight, and professional most deep of judge heavy Palm law Mallet, to resolve current trial pressure, effective response masses of justice needs.
Listening to his ideas for reform, President of the Guangdong provincial high people's Court Zheng E immediately agreed, and Foshan in the leadership is very excited. Soon, Member of the Supreme Court, political Director Xu Jiaxin specialized researchers classified management came to the Foshan intermediate people's Court, the Supreme Court having their status changed and He Xiaorong Director Jiang Huiling, Deputy Director of the Division were also repeatedly came to the reform of Foshan, and Chen Zhiyun be encouraged.
"I was using a small topic do a great article", Chen Zhiyun said. But reforming the status of the relationship and not let him stop.
Waiting for three years, in March 2012, Chen Zhiyun decided to put aside were diverted from outside, during part of the trial the presiding judge of the court system. After accumulating enough experience, early this year from 194 judge titles that specializes in hospital-wide, 35 outstanding elected presiding judge, fully implemented within the responsibility of the presiding judge.
26, including Sean earlier after promotion, reducing the calibre of work tasks or not on a case, was back on line in this selection.
"Three person" as the judge also assigns the right to
Will disguised loss of talent pulled back trial seats, trial mass effect quickly changed: this year Qian 10 months, in filed number continues to climbed of situation Xia, province Court issued Foshan in the homes of cases compared reduced has 14 pieces, which many is yiqian of old, current presiding judge hosted of cases only 3 pieces was revision; received of masses letter visiting compared declined 7.81%, petition complaints compared slightly drop 0.04%, half of collegiate judge think trial unit internal of relationship more yiqian more harmony has.
Foshan intermediate people's Court of the responsibility of the presiding judge also has a larger goal of reform, "we was previously targeted by ' Assizes and sentenced to isolation, ' the bane of" Foshan intermediate people's Court said Wu Wenzhi, Vice President.
Cases in the past, if you host the judge not presiding judge, presiding judge (since the right to grasp the issue) becomes very important if the caseload of the presiding judge, then to Vice President of approval, Vice-President's case to the President for approval, layer upon layer of administrative examination and approval procedures.
On top of all is hosting the judge responsible for the case quality, powers has not been finalized, and the Vice President, the President is empowered to adopt administrative measures, such as, change case, and do not assume responsibility for misjudged cases, extremely easy to breed a miscarriage of Justice and judicial corruption.
To ensure that the reforms carried out, Foshan intermediate people's Court are identified in the case for the presiding judge two requests: one is "three person": the presiding judge must personally check out files, personally presided over the trial, wrote and issued legal documents, no longer draws attention to someone other than the full Court (including other institutions, Chamber leaders) issue, sure misses, drew attention to the decision of the Judicial Committee. Second, the presiding judge is the quality of the case "the first responsible person" responsible for the full Court to hear all cases, once found a case of poor quality or responsibility is not strong, will be removed from the Chief Justice post.
"In order to judge an individual's subjective initiative into full play, reducing the dependency on the leading Chief of the Court, the original case is unclear to minimize the impact on the quality of the case. "Wan Xuancai Vice President of Foshan intermediate people's Court said.
"Before approving the judgments of others, did not participate in the hearing, without even the energy. Now I just need to issue its own instance of cases personally, have emboldened many! "The Foshan intermediate people's Court, who is also known Liu Jianhong of the presiding judge of the Chamber said.
Presiding judge accountability reforms forced judges to resist interference
Foshan intermediate people's Court trial after long accountability reforms, solidarity's trial team has brought a lot of surprises, the first 10 months of this year, Foshan intermediate people's Court received the number of litigation cases grew by 7.57%, which rose 7.24% case, the case was trial-days decreased by an average of 5.2 days.
"We have only one purpose, that is ' a just, efficient and honest. "Chen Zhiyun said.
To this target, Foshan in the homes in Chen Zhiyun of led Xia, do has many thing: 2009 started trial management flat of, and fine of reform, achieved trial and management right separation of while, lead banned "closed rate", "only digital on the" of evaluation way, established up "cases knot received than" for core of evaluation standard system; in trial management reform of based Shang, to presiding judge independent trial run mechanism for breakthrough, exploration justice to administrative of, 35 name presiding judge since trial since sentenced; personnel classification management reform, Highlight the professionalism of judges, judges imposed taogai, judicial personnel and support staff of the judiciary, administration of justice personnel "has its way, the path lines"; public system of Justice, involved in a lawsuit petition termination mechanism from 2011 has started.
"We are not only on the book, not only, do not worship, vision" described Chen Zhiyun, Foshan intermediate people's Court has now create an excellent environment for the judges, presiding judge responsible for reform began to consciously forced the judges to resist external interference.
Nanfang daily press dream
Correspondents Ling Wei Huang Yanli
(Original title: the first batch of 35 presiding judges test the waters since the Tribunal sentenced)
十八届三中全会指出，在推进法治建设方面，要确保依法独立公正行使审判权检察权。今年初，佛山中院以审判长独立审判运行机制为突破口，打破“审、判分离”，探索司法去行政化，让首批试水的35名审判长自审自判。
此举与全会精神十分契合。日前，最高法院党组成员、政治部主任徐家新等一行对此调研，对佛山的改革探索给予高度肯定，认为佛山中院的审判长负责制改革更符合法院队伍“正规化、专业化、职业化”建设方向，在中国司法改革中有“标本”意义。改革10个月以来，佛山中院打破了“提拔一位庭室领导，就少一名好法官”的怪圈，在收受的诉讼案件增长的情况下，结案数反而提升7.24%，案件的平均审理天数减少了5.2天。
让资深法官回来办案
佛山中院审判监督庭庭长怀晓红说自己很快乐，因为从今年1月起，她卸下了沉重的行政管理包袱，重新敲响法槌。像怀晓红一样重新“出山”的资深法官，在佛山中院不在少数。
2009年4月，在珠三角地区中院院长“科学发展、先行先试”研讨班座谈会上，当其他法院在想方设法向政府要人要物，以缓解案多人少矛盾时，上任不到一年的佛山中院院长陈陟云敏锐地抛出审判长负责制集约式改革思路：只有重新洗牌，让经验最丰富、能力最突出、专业最精深的法官重掌法槌，才能化解当前审判压力，有效回应群众的司法需求。
听了他的改革思路，广东省高院院长郑鄂当即表示赞同，而佛山市里的领导也非常兴奋。不久，最高法院党组成员、政治部主任徐家新一行专门来到佛山中院进行调研人员分类管理，最高法院司改办贺小荣主任和蒋惠岭副主任亦分别多次来到佛山了解改革情况，并给陈陟云予鼓励。
“我是在用一个小题目做一篇极大的文章”，陈陟云说。但改革内外交困的现状并没有让他停下脚步。
苦等了三年，2012年3月，陈陟云决定抛开受到外界牵制的内容，在部分庭室试运行审判长负责制。积累足够经验后，于今年初从全院194名拥有法官职称的干警中，选出35名优秀审判长，在院内全面推行审判长负责制。
包括怀晓红在内的26名早前获得提拔后，减少办案任务或者完全不办案的优秀法官，就是在这次遴选中重回一线的。
“三个亲自”为法官还权赋能
将变相流失的人才拉回审判席，审判质效迅速改观：今年前10个月，在收案数继续攀升的情况下，省法院发给佛山中院的案件同比减少了14件，其中不少是以前的旧案，现任审判长承办的案件只有3件被改判；接到的群众来信来访同比下降7.81%，信访投诉率同比略降0.04个百分点，过半的合议法官认为审判单元内部的关系较以前更融洽了。
佛山中院这项审判长负责制改革还有一个更大的目标，“我们瞄准的就是以往‘审和判分离’的死穴”，佛山中院副院长吴文志说。
以往审理案件，如果承办法官不是审判长，那么审判长(因为掌握签发权)的意见就变得很重要；如果审判长承办案件，就要给副庭长审批，副庭长办的案件就要给庭长审批，层层地走行政化审批程序。
最要命的是承办法官要对案件质量负责，却没有定案的权力，而副庭长、庭长等有权通过行政手段，改变案件定性，却不需要承担办错案的责任，极易滋生司法不公和司法腐败。
为确保改革落到实处，佛山中院对审判长们办案明确提出两大要求：一是“三个亲自”：审判长必须亲自查阅案卷，亲自主持庭审，亲自撰写和签发法律文书，不再提请合议庭以外的其他人(包括其他院、庭领导)签发，实在把握不准的，可以提请审判委员会讨论决定。二是审判长是案件质量的“第一责任人”，对合议庭审理的全部案件负责，一旦被发现办案质量差，或者责任心不强，就会被免去审判长职务。
“这样才能够充分发挥法官个体的主观能动性，减少对院庭领导等行政长官的依赖性，将原来办案职责不清对案件质量的影响降至最低。”佛山中院副院长万选才说。
“以前审批他人的裁判文书，因为没有参与庭审，真的连底气都没有。现在我只要签发自己亲自参审的案件，有底气多了！”身兼佛山中院知产庭庭长的审判长刘建红说。
审判长负责制改革倒逼法官抵御干扰
佛山中院审判长负责制改革后，团结的审判团队带来了许多惊喜，今年前10个月，佛山中院收受的诉讼案件数同比增长7.57个百分点，其中结案数上升了7.24个百分点，案件的平均审理天数减少了5.2天。
“我们的目的只有一个，就是‘公正、高效、廉洁’。”陈陟云说。
为了这个目标，佛山中院在陈陟云的带领下，做了不少事：2009年启动审判管理扁平化、精细化改革，实现审判权与管理权分离的同时，率先取缔“结案率”等“唯数字论”的考评方式，建立起“案件结收比”为核心的考评标准体系；在审判管理改革的基础上，以审判长独立审判运行机制为突破口，探索司法去行政化，35名审判长自审自判；人员分类管理改革，凸显法官职业化，实行法官等级套改，司法审判人员、司法辅助人员、司法行政人员“各有其道、各行其路”；司法公开体系、涉诉信访终结机制从2011年已起步。
“我们不唯书、不唯上、不崇洋，只唯实”，陈陟云介绍，目前佛山中院已经为法官们营造出一个优良的内部环境，而审判长负责制改革亦开始倒逼一线法官们自觉抵御外在干扰。
南方日报记者 唐梦
通讯员 凌蔚 黄延丽
(原标题：首批35名审判长试水自审自判)
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