法官的身份定位与应然角色——基于五年来法学界对法官职业定位的研究

The Judge's Positioning of Identity and Ideal Role——Based on Five Years Academic Study of Judge's Professional Orientation

法官职业化改革曾一度是司法改革的主要议题,但目前却呼声渐弱,措施停滞。五年间,众多法学家和学术界人士纷纷讨论法官的职业定位、方向、路径与前景等问题,观点莫衷一是,分歧日益加大。鉴于全面的法官职业化建设是树立司法权威和公信之所必须,当下应考虑的问题是法官数量控制、法院内部组织管理、法官司法经验和司法能力提高等问题。

The reform of judge＇ s professionalism was once the main topic of judicial reform, but the voice at present is fading and measures stagnated. In recent five years, a number of jurists and academics discussed the judge＇s professional orientation, direction, path and prospects and other issues one after another, their view- points are divergent, the differences are growing wider. Whereas, the judges＇ professionalism construction is the must-be to establish a judicial authority and public trust, the current problems to be considered is the quantity control of the judges, internal organization and management of the court, the improvement for judge＇s judicial ex- perience and judicial capacity.