英国法官制度及其启示——关于法官职业化问题的思考

The Judiciary System in Britain and Its Implications——Consideration for Judge Professionalism

法官职业化与司法民主化是学理上所争论的焦点问题之一,二者在实践上也时常存在冲突和矛盾。法官职业化建设是中国法治进程的必然要求,更是实现法治社会的必经之路。但是,鉴于职业法官自身固有的局限性,法官职业化又不能太过绝对。在这个问题上,应该跳出要"法意"还是要"民意"的非此即彼的二元对立思维模式,一方面坚持职业化道路不动摇,另一方面也要重视利用非职业化元素为法治建设服务。

Judge professionalism or judicial democratization, which is one of the heatedly discussed topics in theoretical view, usually causes conflicts in practice. Judge professionalism has been considered as a necessary requirement and compulsory route in the process of achieving ruling-by-law in China. However, in view of limitations of the professional judges themselves, judge professionalism couldn＇t be absolute. On this issue, we should give up the binary opposition between law and public opinions. On the one hand, we insist on judge professionalism; on the other hand, more emphasis should be put on the application of non-professional justice elements to serve for ruling-by-law.