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| 文章编号：1672-3104(2016)06-0046-07 |
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司法改革中法院的公共责任：内涵与架构 |
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谢小剑 |
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（江西财经大学法学院，江西南昌，330032） |
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| 摘 要： 法院的公共责任是指，法院应依法独立行使职权，充分实现社会公众期望、民主政治期许，否则应在不损害司法独立的前提下承担不利后果。其在传统法律责任的基础上，加入法院满足社会需求的社会责任，以及对权力机关的政治责任，并强调法院承担公共责任的积极性以及以结果为导向的责任。回应型司法责任理论、法律现实主义对“三段论逻辑”的反思、法院制定公共政策及其政治功能，使司法独立的前提受到挑战，必须配之以公共责任。当前司法改革中应当引入法院的公共责任机制，合理地建构我国法院承担的政治责任，督促法院积极行使职权回应社会需求，同时，规范责任机制，更好地保障审判权独立公正行使，提升司法公信力。 |
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| 关键词： 法院；司法责任；公共责任；司法独立；司法政治 |
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Public responsibility of the court in judicial reform: Connotation and framework |
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XIE Xiaojian |
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（Faculty of Law, Jiangxi University of Finance and Economics, Nanchang 330032, China） |
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| Abstract: Public responsibility of the court means that the court shall independently exercise their functions and powers according to law and fully realize the expectations of the social public and of democracy, bear the adverse consequences without prejudice to the premise of judicial independence, and on the basis of its traditional legal responsibility join the social responsibility of the court of satisfying the needs of society, its political responsibility for the power organs as well as its public responsibility which emphasizes enthusiasm and result-orientation. Responsive judicial responsibility theory, reflection of legal realism on “logic syllogism," public policy and its political functions of the court have all challenged the premise of judicial independence so that public responsibility must be taken into consideration. In our current judicial reform, the public responsibility of the court should be brought in to construct reasonably the political responsibility of the court, to supervise whether the court is exercising its rights actively to respond to the society, and at the same time to regulate its responsibility mechanism, to better ensure judicial independence in exercising its functions and powers and to improve the judicial credibility. |
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Key words: the court; legal responsibility; public responsibility; judicial independence; the judicial and political |
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