司法语言运用的能动边界探析——以农村法庭法官司法语言运用为视角

Explorations on the Activism Boundary for the Application of Judicial Language

司法能动是中国大法治环境下积极倡导的司法理念,这一理念契合了农村基层人民法官处理农村案件时积极引导案件当事人参与诉讼的现状。语言是法律诉讼的媒介,司法语言承载着司法公正,司法语言运用是司法实践中很重要的部分。基层法官与当事人沟通时,要掌握语言的深浅,避免与法律相违背的语言缺陷。农村案件当事人需要法官给予更为直白的诉讼指导。

Judicial activism is the judicial concept that we advocate in general environment of ruling with law. The concept fits for the status quo that judges would encourage both parties to participate in litigation when they are dealing with cases in rural areas. Language is the media of legal litigation. Judicial language embodies judicial justice, and the application of the language is the important part in judicial practice. When communicating with parties, judges should be careful in word choice and try to avoid mistakes that violate law. In rural area,parties in cases need more direct litigation guidance from judges.