法官法律思维能力的现实性思考

The Realistic Thoughts on the Judges' Legal Thinking Ability

人民法院法官法律思维能力的强弱,在一定程度上决定了司法能力和司法水平的高低。目前,部分法官的法律思维能力不强,造成审判质量和效率不高,办案注重功利色彩等一系列不良现象,损害了司法的权威。这既有体制和机制方面的原因,又有历史和现实方面的原因。文章针对法官法律思维能力不强造成的种种现象,从四个方面阐述提高法官法律思维能力的方法和途径。

Both judicial ability and judicial quality are, to some extent, determined by the judges＇ legal thinking ability . At present, poor legal thinking ability of some judges＇ leads to their low efficiency, low trial quality and misbehaviour for their personal interests. All these unfavorable phenomena have weakened the judicial authority. The reasons of low thinking ability of judges lie in the judicial system and court governing mechenism, even in the historic and realistic factors. In accordance with the unfavorable phenomena caused by the poor legal thinking ability, the author illustrates the ways and measures in four aspects to enhance the legal thinking ability of judges.