论法官回避制度的完善

On the Withdrawal System of Judges

法官回避制度,是为了消除当事人对法官中立性抱有的怀疑而选择中立性法官,保证法官能不偏不倚地作出裁判,保障诉讼公正的制度。从现行法律及司法解释对回避对象、事由、程序操作等规定来看,此制度尚需进一步完善。我国应重新界定法官范围,从适当扩大法官回避对象、细化明确回避事由、增设法院依职权裁定回避的方式等方面来保障法官回避制度的实现。

The judge withdrawal system ensures that the judge impartially makes the decision to achieve justice. From the existing law and judicial interpretation, the withdrawal objects, the withdrawal causes and the operating procedures still have problems, So this system needs to be further improved. Our judges should be re- defined the scope, be appropriate to expand the judge objects. Meanwhile, the legislation should make the withdrawal reasons more clear, and increase the court to determine the withdrawal according to the law so as to protect the implementation of judge with drawal system.