翻译培训
Chinese Calligraphy
翻译案例
论我国法官形象的中立化
 


论我国法官形象的中立化                

作者:左亚洛 (复旦大学法学院民诉法研究生)

[摘要]  法官中立化是司法权中立性的体现,也是我国树立司法权威的必要条件。树立法官的中立化形象,对于实现我国“依法治国,建立社会主义法治国家”有着重大的现实意义。本文从法官中立化的概念分析入手,通过对现实的分析和现实成因的思考,进而对法官中立化树立的条件进行了探讨。


[关键词]   法官中立化  法官职业道德  法官奖惩


司法权作为一种维护社会公正的判断权,它的权威来自于社会成员对它的公正性的普遍认同与信任,而这种心理上的认同与信任又主要来源于社会对执掌司法权的法官的公正不偏私的信任。所以,树立公正、中立的法官形象是建立社会对法官心理信任的前提和基础,也是树立司法的权威的有效途径。很难想象,一个看上去就与某一方当事人有着种种联系的法官能毫不偏私的处理案件,而这样的法官作出的判决即使在实体上无可挑剔,一般也是很难获得另一方当事人乃至社会大众的认同的。正如约翰·杰伊所指出的:“过去的历史表明,将正义运送到每个人的家门口的益处是显而易见的,然而,如何以一种有益的方式做到这一点,就远不那么清楚了。”[ 贺卫方:《运送正义的方式》,上海三联书店2002年12月版 扉页]公正而良好的程序固然是一种最佳的“运送正义的方式”;然而对于不那么熟谙法律的社会大众来说,一名能够获得其信任的“正义的运送员”[ 指法官],对于其建立对司法的信任的重要性丝毫不亚于正当的程序。特别是在大力推进法治建设的当今中国,树立起法官普遍中立化的社会形象,对于国民树立“法律至上”的观念,自觉地遵从法律的权威,更有着重大的实践意义。


                                                      On Neutrality of Chinese Judge Image

                                                                     By: Zuo Yaluo

[Abstract] The neutrality of judges represents the neutral nature of judicial power, and constitutes a prerequisite for establishment of the judicial authority in China as well. The establishment of neutrality image of judges is of great practical significance for realizing the situation of “Ruling the Country by Law for Construction of A Law—governed Socialist State” in China. This thesis starts with the analysis of the concept of neutrality of judges, and then, by probing into the actual conditions and the reasons for formation of such actual conditions, deals with the prerequisites for establishment of neutrality of judges.

[Key Words]

Neutrality of Judges      Professional Ethics of Judges    Award and Penalty for Judges

As a judge power maintaining social justice, the judicial power bases its authority on the popular recognition and trust of its justice among social members; and such recognition and trust in mind origins mainly from the reliance in the society upon the impartiality of judges who hold judicial power. Therefore, the building of an impartial and neutral image of judges is a prerequisite and basis for social trust in judges, and is also an effective approach to establishment of judicial authority. It is unthinkable that a judge who seems to have some relation with a party concerned can treat the case impartially; and even if such a judge renders a judgment that is substantively unquestionable, it will generally be very difficult for him to earn recognition from the other party or the public. Just as pointed out by John Jay: “The history demonstrates that it has obvious benefit to carry promptly the justice to the door of the parties to a dispute, but it is not so obvious how to do this in a beneficial manner.” A set of just and sound procedure is certainly an optimum method of “carrying justice”; to the commons who are not so familiar with law, however, the significance of a “carrier of justice” deserving their trust to the establishment of their trust in judicial authority is by no means less than that of proper procedure. Especially in China which is making great efforts to promote the ruling by law, the establishment of a social image of neutrality of judges has great practical significance for the country’s citizens to build up the conception of “the supremacy of law” and initiatively subject themselves to the authority of laws.