法官的中立问题探讨

On the Principles of the Judge's Neutral

法官中立是司法公正的内在要求和体现,法官中立原则作为保证司法的权威性和公正性的必要措施,为当今世界各国的宪法和法律所普遍确认,已成为现代法治国家所普遍遵循的一项基本法治原则。然而,由于我国的诉讼制度受职权主义影响太深,法官的中立地位并未得到真正的确立,其直接后果就是严重阻碍了实体公正与程序公正的实现,因此,确保法官的中立地位,是诉讼改革的当务之急。

The judge＇s neutral is the inside request and body of justice , the principle of the judge＇s neutral as a necessary measure to assure the judicature ＇ s authority and justice , has already been confirmed by international community, and it has already become a basic law principle that abided by the modern countries under the rule of law . However. as our country＇ s litigation system is deeply influenced by civil law countries, the judge＇ s neutral position did not really established, its directly result is seriously obstructed the realization of the entity justice and procedure fair , therefore, insuring the judge＇s neutral position is the urgent matter of the litigation reform.