| 夏永全.落实法官助理诉讼地位及权限的立法路径[J].,2026,(2):97-104 |
| 落实法官助理诉讼地位及权限的立法路径 |
| The Legislative Path to Clarifying the Procedural Status and Powers of Judge Assistants |
| 投稿时间：2024-12-22 |
| DOI： |
| 中文关键词: 法官助理 诉讼地位 权限 立法路径 |
| English Keywords:judge assistants procedural status powers legislative path ( |
| Fund Project: |
|
| 摘要点击次数: 89 |
| 全文下载次数: 66 |
| 中文摘要: |
| 从科学立法原则出发,《中华人民共和国民事诉讼法》规定法官助理为回避主体后,迫切需要进一步明确其诉讼法上的地位与权限,这一变动涉及人民法院审判权行使方式变更,对当事人权利义务实现有直接影响,应适用《中华人民共和国立法法》有关法律保留原则的规定,即只能由全国人大及其常委会通过立法完成。着眼现实,依托既有相关法律(主要是诉讼法),以案件审判程序流程为载体,分别对法官助理人员的权限与责任进行具体规定,具有现实性与可行性。展望未来,待条件成熟后,还是应当对法官助理制定单行法,以对其准确合理定位,并充分发挥他们法官后备军的作用。 |
| English Summary: |
| Starting from the principle of scientific legislation, since the Civil Procedure Law of the People's Republic of China has identified judge assistants as subjects subject to recusal, it is imperative to further clarify their procedural status and statutory powers under procedural law. This change involves a change in the exercise of the people's court's judicial power, which has a direct impact on the realization of the rights and obligations of the parties. The provisions of the relevant principles of legal reservation in the Legislative Law of the People's Republic of China should be applied, and can only be completed through legislation by the National People's Congress and its Standing Committee. Focusing on reality, relying on existing relevant laws (mainly procedural laws), and using the case trial process as a carrier, specific provisions are made for the authority and responsibility of judge assistants, which is realistic and feasible. Looking ahead to the future, once conditions are ripe, it is still necessary to establish a separate law for judge assistants to accurately and reasonably position them, and fully leverage their role as reserve judges. |
| 查看全文 查看/发表评论 下载PDF阅读器 |
|
| 关闭 |
|
|
|