专业法官会议至今已经运行十年,但由于议事规则设定过于原则,专业法官会议在制度设计与实际运行的激烈碰撞中产生众多积弊,未能充分实现司法改革设计的就疑难复杂案件为法官提供专业意见的制度预期。有鉴于此,本文在深入剖析借鉴罗伯特议事规则可行性的基础上,针对性提出完善专业法官会议议事规则的构想,以合理选定会议组成人员、明确会议流程、规范动议提请程序、明确会议规则、完善会议纪要制度为核心,辅以考核机制、法官成长机制、信息化管理、上下级法院衔接机制,为实现专业法官会议核心价值提供制度保障,也为推动司法体制综合配套改革注入强大动力。
<<The specialized judge meeting has been in operation for ten years. However,the system design of the specialized judge meeting has caused many defects in the fierce collision with the actual operation due to the excessively principled rules and the system expectation of providing professional opinions to judges on difficult and complicated cases has not been fully realized. In view of this,on the basis of in-depth analysis of the feasibility of Robert’s Rules of Order,this paper puts forward the idea of improving the procedure rules of specialized judge meeting. With the core of reasonably selecting the members of the meeting,clarifying the meeting procedures,standardizing the motion submission procedure,clarifying the meeting rules,and improving the meeting minutes system,supplemented by assessment mechanism,judge growth mechanism,information management,and the cohension mechanism between the higher and lower courts,this paper aims to provide system guarantee for the realization of the core value of the specialized judge meeting,as well as inject a strong impetus into the comprehensive supporting reform of the judicial system.
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