法官自身因素对案件事实认定的影响——从定量分析的角度

The Infulence on Determination of Case Truth Caused by Judges' Personal Factors——From The Perspective of Quantitative Analysis

司法审判作为解决社会纠纷的最后途经,一定要确保社会正义的实现。法官作为作出司法裁判的主体,是"法"或"正义"的化身,应当通过证据尽可能还原案件事实真相,然而法官在审理案件过程中受自身各种因素的影响,不可避免地带有一定的主观倾向,这种情况的发生严重影响了司法的公正性。北京师范大学证据法研究所课题组针对此问题,选取了八个省市的刑事法官进行问卷调查,并对上海、广州、武汉、昆明、哈尔滨等城市的调查问卷进行了定量分析,以探求法官自身因素对事实认定的影响。

Since the judicial judgement is the final way of solving social disputes, it is important to ensure the realization of social justice. As the main body of judicial trial, judges stand for ＂ law＂ or ＂justice＂ and should restore case truth based on evidence to their ability. Infulenced by various personal factors in the process of trial, judges usually have certain subjective tendency, which seriously affects judicial impartiality. Aimed at this problem, Research Institute of Evidence Law of Beijing Normal University selected criminal judges in eight provinces and cities to conduct questionare survey, and carried on quantitative analysis of the questionnaires in Shanghai, Guangzhou, Wuhan, Kunming, Harbin and other cities, in order to explore judges＇ personal factors which influence determination of truth