【摘要】 在一定程度上,审判权力运行机制的改革是对法院内部权力的再配置,在此背景下,要防止以员额法官退出为由干预审判权的独立行使。虽然员额法官称谓具有过渡性,但如若不能厘清员额制改革的目的,未来法官退出机制势必重走老路。在通过梳理、对比法官退出办法以及各地员额法官退出办法后,发现员额法官退出存在决定主体多元、启动事项混淆的问题。员额法官退出被各地法院作为强化审判管理的重要一环,除了对员额法官与法官退出身份的混淆外,传统审判管理思维与司法改革新要求之间的张力以及法院内部权力之间的博弈是深层次原因。员额法官退出被赋予的审判管理效用远大于它自身的激励功能,要保障审判权的独立行使,需要厘清员额制改革的目的,厘定法院内部权力之间的关系,重塑员额法官身份。更多还原

【Abstract】 To a certain extent, the reform of judicial power operation mechanism is the reconfiguration of the internal power of the court. Under this background, it is necessary to prevent interference with the independent exercise of the judicial power on the grounds of the withdrawal of the post judges. Although post judges have transitional nature, if the purpose of post system reform can not be clarified, the withdrawal mechanism of judges will go back to the old way in the future. After sorting out and comparing the methods of judge withdrawal, it is found that there are many problems with the withdrawal of post judges, such as the diversification of the bodies that can decide and the confusion of the reasons that can initiate the procedure. The withdrawal of post judges has been an important part of the intensified trial management in many local courts. Apart from the confusion on the identity of the post judges and the judges, the collision between the traditional notions of trial management and the new requirements of judicial reform together with the tension between internal powers of the courts are underlying reasons that make the issue more complex. To guarantee the independence of judicial power, the purpose of the post system reform and the relationship between the internal powers of the court should be clarified.更多还原