裁判文书质量的制约因素及提升路径——以审判主体为视角的分析

Factors Restricting the Quality of Judicial Document and Ways to Improve It:An analysis from the Perspective of Trial Subjects

裁判文书的质量高低实际上反映的是法官职业素养的差异。目前,我国法官职业素养整体欠缺,法律信仰和法律良知方面有较大差距,加之受到重实体轻程序、重司法秘密轻司法公开等错误司法观念的影响,这些因素制约了裁判文书质量的提升。应该从司法观念、司法能力、司法作风三个方面着手增强审判主体的力量,这是裁判文书质量提升的关键。

The quality of judicial documents actually refl ects the difference of judge professionalism. At present, there is a overall lack of judges’ professional literacy in our country, and there is a big gap in legal faith and legal conscience. Additionally, affected by the error judicial ideas including paying attention to substantive questions and underrating procedures, and attaching importance to judicial secret and looking down on open justice, the quality of judicial documents is restricted from improvement. Therefore, we should strengthen the power of trial subjects from three aspects including judicial idea, judicial ability and judicial style, which are the keys to improve the quality of judicial documents.