论文部分内容阅读
对二审发回重审、改判案件在一审法院举行听证,明确责任,不仅在基层法院广为流传,一些中级法院也开始采用,该制度设计者的初衷也许是为了给办案法官一个申辩的机会,同时也使我们的错案追究制落到实处,增强法官的责任心,提高案件的质量。但也有法官并未把听证作为法官自身权利的救济制度,而是在此时怀念起法律文书签发的行政审批制,在行政化的集体决策中来寻求对
Not only is it widely circularized in the grassroots courts, some intermediate courts have also begun to adopt them, and the original intention of the designers of the system may be to give the case judge a chance to defend himself. At the same time, It also makes our wrong case investigated and put into practice, enhances the judge’s sense of responsibility and improves the quality of the case. However, some judges did not regard the hearing as the relief system of the judges’ own rights, but at this time, they remembered the system of administrative examination and approval issued by legal documents and sought the right decision in the administrative collective decision-making