论法官回避制度

On Judges Avoidance System

我国法官回避制度还不完整和规范,对"关系"一词应具体规定,扩大回避亲属范围,公示法官个人情况。当事人申请回避缺乏可操作性,对回避申请的保障和救济措施不完善,审委会和二审回避问题没有得到合理解决。在法官非诉讼回避制度中,院长籍贯回避未严格执行,法官任职回避也应出台具体操作办法。运用巡回审判和网络审判方式以确保法官中立,进而探索以新型审判方式为基础的,法官非诉讼回避和法官诉讼回避为补充的,保障"法官中立"的新路子。

Domestic judges avoidance system is still incomplete and lack of standardization. The word 'relationship' in judges avoidance system should be specified, expand the scope of avoidance of relatives and publicize the judge's personal circumstances. The measures are taken as follows, the application of the client is lacking in maneuverability; to avoid the application of the protection and relief measures is not perfect. the second trial, the judicial committee to avoid problems have not been solved reasonably. In the litigation avoidance system, the native avoidance of the president is not strictly enforced; Judges avoidance should also introduce specific operation method. Using the circuit trial way and applying the network mode of trial proceedings ensure the neutrality of the judge; exploring a new form of trial judge as a basis; guaranteeing the real way to protect the neutrality of the judges as for the non litigation avoidance and the litigation avoidance as supplement.