试论法官决策的原则

On the Principles of Decision Making by Judges

通过实证分析与比较分析,指出法官决策活动中主体的阶层性、过程与结果的倾向性和私利性,认为决策原则的确立应以消除法官群体性私利、个人倾向与各种偏见为价值取向。法官决策应以科学发展观为指导、立足人文环境友好与诸因素和谐互动,审理一般案件坚持克制守旧与节制审慎的决策原则,处理疑难案件采纳想象重构原则与逻辑务实原则,并在任何情境中严守及时审裁原则,逐步培养严守律法的风格、公正无私的禀性,提高其逻辑推理能力,高效发挥法官群体在构筑个案公正绿色通道中的重要枢纽作用。

By using the methods of empirical study and comparative study, it holds that subjects of decision making are hierarchal, the process and outcome of decision making are bised and personal guin＇ s expression. The principles of decision making by judges should orient value by eliminating judicial tendency and prejudices. Decision making by judges should be guided by the scientific development perspectives and grounded on good human and culture environment and the harmonious interactive mode of factors. Judges should stand on determining principles of economizing and conservatism or control and caution in common cases, adopt principles of rebuilding the legislative intention by the imagination or logic and pragmatic policies in hard cases, and strictly obey the principle of holding pleas in time under various situations. Judges will be modest, cautious and do their duties step by step, make permissive, intelligent and impartial endowments, possess the good logic analytical ability and attitude of being logal to ration or gripping the reform opportunity. Judges will play important and constructive roles in building the green channel of achieving individual justice.