华侨大学学报(哲学社会科学版)Issue(3):93-103,11.
论主审法官办案责任制:概念厘清、角色责任及规则生成逻辑
On the Concept Clarification, Role Responsibility and Rule Generation Logic of the TrialJudge's Responsibility System
摘要
Abstract
The Responsibility System of Trial Judge is the current hot topic of judicial reform .Under the premise of clarif-ying the conceptual connotation of the system , it is of great significance to clarify the triple institutional roles played by the trial judge.In fact, the trial judge in the process of handling a case plays as "a cognitive subject engaged in fact-finding","a judicial official who is in charge of the legal standards","a moral incarnation as a fair model" at the same time .The triple role system determines that the trial judge should bear the corresponding responsibilities of different nature , in gener-al, that is, cognitive behavior responsibility , identity behavior responsibility and moral behavior responsibility .Only by clarifying the triple role system and its corresponding responsibilities can we grasp the inner structure and rule generation logic of the system, and then we can construct a scientific and reasonable Responsibility System of Trial Judge .关键词
主审法官办案责任制/概念内涵/角色责任/规则生成逻辑Key words
the trial judge 's responsibility system/role responsibility/the rule generation logic分类
社会科学引用本文复制引用
曹佳..论主审法官办案责任制:概念厘清、角色责任及规则生成逻辑[J].华侨大学学报(哲学社会科学版),2018,(3):93-103,11.基金项目
教育部人文科学研究基金青年项目"审判中心主义改革与证据法调控"(16YJC820005) (16YJC820005)