论法院机构改革与审判方式改革的关系

当前的法院机构改革和审判方式改革忽视和割裂了两者的关系,造成两张皮和各自为战的局面。事实上,这两项改革的目标是一致的,都是为了确保司法独立、公正、效率原则的实现,在这个共同前提下,两项改革应统筹决策,协商并进,这就是遵循审判规律的要求,审判改革必须以机构改革为前提,机构改革又必须围绕审判方式的改革来进行,这样才能发挥两者目标兼容的优势。

On relationship of the reform of court institution and judicial pattern

The relationship between the reform of court institution and judicial pattern at present is overlooked and isolated, which leads to both sides working respectively. In fact, the reformation goal of the two is identical, for they both ensure the realization of the principle of legal independence, justice, high officiency. Owing to the common grownd, they should make policies as a whole and coordinate together, which is the requirement of obeying indicial reform meanwhile institution reform should take indicial pattern as its center. Only in this way can the advantage of the two compatible goals be made good use of.