论民事诉讼当事人选择法官之正当性

On Chinese civil litigant's justification of choosing the judge

高素质的法官职业集团是近现代民事诉讼当事人不能选择法官的正当性条件,反之,民事诉讼当事人就有了选择法官的正当性。我国民事诉讼中高素质的法官职业队伍远未形成,鉴于此,赋予民事诉讼当事人选择审理自己案件的法官是程序保障的新视角。

Having accomplished judge circle is the necessary condition for the civil litigants in nowadays who can't choose the judge. On the contiary, civil litigant then have justification of choosing their own judges among the judge circle. In china, the team of accomplished judge has not far taken shape, in viuo of this point, granting the litigant's right of choosing their judegs according to their won cases is the new angle of the procedural protection.