司法腐败的文化根源及相应治理机制——一个以法官为例的实证分析

Judicial Corruption: Its Cultural Root and Governance Mechanism——A case study of judges

对于当下中国法院而言,最令人震惊的司法腐败是法官集体腐败。目前大多数研究仅触及法官集体腐败的浅层根源,而未及其深层根源。法官集体腐败的深层根源在于流传至今的一些传统负面文化的潜在影响。如欲根治此种腐败,必须在依法独立审判理念的指导下,着眼于法官个体之精神、意志、制度和规范重塑,以生成有独立自主之理性人格、专业判断、思考空间和内部地位的裁判主体,从而最终实现对法官个体的文化重塑。与此同时,要重点对"带长"法官进行职责重塑,以形成权责均衡之局面。在此基础上,强化和改进案件处理的内部分工及集体负责制,最终夯实防控法官集体腐败的制度"长城"。

For the Chinese courts, the most appalling phenomenon at present is the collective corruption of judges. Currently, most of studies merely revealed the superficial causes and failed to reach its root that lies in the potential effects of some negative-spread traditional cultures to this day. To eliminate such corruptions, the judges should reshape their spirits, wills, system and regulations as an individual under the guidance of inde- pendent adjudication concepts, so as to form the referees who have acquired independence and self-reliance in reasonable personality, professional judgment, thinking space and inner status, eternally realizing their culture reshaping as a judgment individual. At the same time, the key is to remodel some ＂chief＂ judges and form the balance between their power and duty. On such bases, we should enhance and improve the internal division and collective responsibility and finally consolidate the system ＂great wall＂ against collective corruption among judges.