法官遴选制度与司法能力建设——以两大法系法官遴选制度为例

On Judge Selection Institution and Judicial Capacity Development

司法能力是实现社会公平正义的重要保障,而法官遴选制度的完善无疑是提升和保证初任法官司法能力的重要环节。两大法系法官遴选制度的经验表明,只有将法学教育、法律职业考试、司法实务能力的培训与考核整合为一个有机整体,才能确保初任法官乃至整个法官职业群体的司法能力。通过分析改革开放以来国内法官遴选制度的演变,可以看出目前中国法官遴选制度与法官司法能力建设之间尚缺乏契合性与系统性。

Judicial capacity is an important guarantee for the realization of social justice, and the improvement of the judge selection institution is undoubtedly an important factor for the junior judge to enhance and guarantee their judicial capacity . It has been proved by the experience of Judge Selection System of Two legal systems that judicial capacity of junior judge, or even the whole occupational groups of judges, can be ensured only with the integration of training and assessment of legal education, legal and professional examinations. Through analyzing the domestic judge selection system in China, it can be concluded that corresponding and systematic nature between the selection institution of judges and judicial capacity is not enough yet.