A Comparative Study of Judicial Reform in Russia and Poland : Institutional Expansion and Functional Disorder

在最近20年左右的时间里，俄罗斯和波兰的司法系统已经摆脱了苏联模式，并发生了巨大的变化。随着三权分立原则的确立，司法权的概念也随之确立。这意味着，一方面，在苏联模式下“缩小”的法院管辖权由于采用行政、经济和宪法程序而大大扩大。另一方面，建立了确保法官独立性的机制，特别是法官的选拔制度，法官的自治机构有决定性的参与。然而，在这两个国家，司法系统作为一个整体在公民眼中的可信度相当低，从这个意义上说，它处于一种危机之中。这种公信力低的原因可以解释为难以进入法院、诉讼处理拖延、对法院判决的公正性产生怀疑、判决执行不力等等。它们主要是由于整个司法系统的财政支持不足造成的。但是，还有一个更微妙的问题，那就是如何保证法官的高质量工作和足够数量的律师的问题。这是律师自治机构的功能受到质疑。在这些问题上出现了困难，并根据每个国家的传统寻求解决办法。

During the recent 20 years or so, the judicial systems in Russia and Poland have grown out of the Soviet model and been drastically transformed. Along with recognition of the principle of separation of powers, the concept of judicial power has been established. It means that, on the one hand, jurisdiction of courts, "shrunken" under the Soviet model, has been considerably expanded as a result of introduction of administrative, economic and constitutional procedures. On the other hand, a mechanism of securing of independence of judges, especially a selecting system of judges with a decisive participation of their selfgoverning body, was created. In both countries, however, credibility of the judicial system as a whole in the eyes of citizens is considerably low, and in this sense it is situated in a kind of crisis. Such a low credibility can be explained by difficulties in access to court, delay in dealing with lawsuits, doubt as to fairness of court decisions, ineffective execution of decisions and so on. They are caused largely by insufficient financial support of the judicial system as whole. But, there is another, more delicate problem, that is a problem of how to guarantee high quality of work of judges and sufficient number of attorneys. Here is questioned functioning of selfgoverining body of lawyers. In these issues difficulties appear and solutions are sought dependently on the tradition in each country.