列宁论法官的选任

On Lenin's Theory Concerning the Election and Appointment of Judge

作为国家司法机构的法院和法院职能执行者的法官是基于阶级的分化、社会分工和纠纷解决的需要而产生的。进入社会主义,社会主体之间的利益之争仍然客观存在,有纷争就需要有承担裁判案件和定纷止争使命的法官。作为社会主义事业的开创者,列宁对于社会主义法官存在的必要性以及法官的任职资格、任职形式和任职期限作了详细的论述。列宁认为,作为国家专门裁决纠纷的职业阶层,法官在社会主义阶段仍然有其存在的历史必要性;法官应当是从人民群众中选举出的具有法律专业知识和实际修养的职业阶层;为了防止法官专断和擅权,主张废除法官终身制,实行社会主义的法官任期制。

The court as the judicial organ of the state and the judge who is the executor of the judicial function come into being while the class began to polarize, and on the basis of the social division of labor and the dispute settlement. In the socialist stage, objectively speaking, the dispute between benefits still exist, so the judge who assume the commission of adjudicating cases and settling disputes is necessary. As the inaugurator of the socialist cause, Lenin had elaborated detailed dissertation about the necessity of the judge in the stage of socialism and the qualification, the format and the term of holding the post of judge. Lenin thought that in socialism the judge would still exist with its historical necessity, and they should be a professional class with legal knowledge and practical culture, elected from the people, and affirmed to exercise the system of fixing a date to hold the post of socialist judge instead of the lifetime service system in order to avoid the judge＇s arbitrary decision and their abusing of judicial power.