论法官审判的倾听与回应义务

On Audient and Responsive Obligation of the Judge's Trial

要保证当事人富有影响地参与审判,倾听当事人的诉辩主张并对之作出回应,必须成为法官的审判义务。法官的倾听与回应义务具有公开性、平等性、亲历性、集中性、及时性等特点,其履行有利于当事人服判息诉、促进司法公正高效、维护司法权威、提高法官职业技能。受职业理念、职业能力、权能保障、职业道德、约束惩戒等因素影响,法官不履行该义务的现象并不鲜见,应通过理念塑造、素质培养、保障权能、监督查纠等措施解决这一问题。

To ensure that the litigants can participate in the trial effectively, listening attentively and giving response to the litigants＇ claims must be judge＇s trial obligation, which is of being open, equal, self-experimental, absorbed, timely and comprehensible, etc. The performance of the obligation is benefit to the sentence acceptance by the litigants, the promotion of the judicial justice and efficiency, the maintenance of the judicial＇authority, as well as the promotion of the judges＇ vocational skills. It＇s no! rare that the judges don＇t perform the obligation for the influence of vocational concept, ability, protection of powers and functions, morality and punishment. So, measures such as conception-building, competence-cultiwtting, powers-protecting and suspension should be taken to solve the problem.