论我国当下语境中的法官独立审判

On Self-Governed Judgement in Modern China

司法独立和法官独立审判是案件得到公正审判的前提条件。我国当下法官独立审判遇到的种种障碍性因素与法官本身缺乏主体性资格有关。尽管司法独立既是法官争取的结果,也是法学和政治哲学发展的产物,但是法官在这一改革过程中还是应该有所作为的。如此,才能把法官独立审判逐步推向现实化。这就需要法官从四个方面来增强自己的内动力,这种内动力是法官能够坚持独立审判的主体性资格能力:守法精神、敬业精神、大的智慧、勤勉工作,而第一种素养又是基础素养,是法官成为法官的基本要求。

Judicial independence and self-governed judgement by the judges have become a sort of General rule, that is a precondition of assuring justice. Now,the self-governed judgement by the judges in China encounters a lot of obstacles due to the lack of subjective identity in the judges. Although the judicial independence is the result of both the judges＇ striving and political and philosophical development,the judges should do to their best in the course of innovation,through which the self-governed judgement can be turned into reality gradually. The judges should strengthen themselves in the four aspects：lawful spirit.honorific profession.larger wisdom and studious pursuit,among which the lawful spirit is a fundamental qualification and requirement of being a judge in the real sense.