论法官的慎言义务

On Judges' Duty of Deliberative Speech

近年来,法官因言论不慎导致社会舆论热议的事件时有发生。我国法官职业伦理规范是否已给法官设定了"慎言义务"?如何让法院和法官能够充分理解这种慎言义务和言论限制的意义?如何处理法官慎言与"能动主义"、"司法为民"的关系?本文针对法官慎言义务,考察了各主要国家的法官职业道德规范或行为规范,归纳了我国法官慎言义务的主要内容和存在的问题,分析了法官慎言义务的理由,提出了法官慎言义务在实践中的难点及解决思路,进而也讨论了法官慎言义务的制度保障机制的重点问题。

Recently, there are many debated events caused by the judges＇ inadequate remarks. Whether the professional ethic norm of Judges in China has established the ＂duty of deliberative speech＂？ How to make the courts and the judges to sufficiently understand the meaning of the ＂duty of deliberative speech＂ and the restriction of judges＇ speech？ How to deal with the relationship between the ＂duty of deliberative speech＂ and the judicial activism and the justice that serving for people？ This article investigates many developed countries＇ judicial ethics and the norm of judicial behavior, articulates the major contents and problems of the judges＇ duty of deliberative speech, analyzes the reasons why the judges should observe the duty of deliberative speech, introduces the difficulties and the relevant resolutions of the duty of deliberative speech in practice, and discusses the major problems of institutional safeguard of the duty of deliberative speech.