论我国刑事诉讼中法官的裁判担当

On the Referee Role of Judges in Criminal lawsuits in China

"推进以审判为中心的诉讼制度改革"和"员额制"的引入共同决定了法官在刑事裁判中要有新的担当。法官的裁判担当既要受制于的社会环境,也要受制于司法传统,还要彰显诚信。传统社会的断狱者尽管缺乏职业性,但他们以儒家道德化的法律来裁断案件,契合生活又高于生活,社会效果显著,裁断中渗透着道德诚信。建国后直至十一届三中全会后的一段时期,法官以阶级斗争为出发点,致力于惩罚犯罪,裁判突出政治效果,表达政治诚信。契合我国法治化进程,随着"以审判为中心"诉讼制度改革的实现,入额后的法官只能恪守"公正审判",追求"法律之内的正义",突出法律效果,彰显裁判诚信。

The practice of accelerating the trial- centered lawsuit system reform and judge quota system determines that judges shall play a new referee role in criminal trial. The referee role of judges is confined to the social environment and judicial traditions and shall reflect credibility and integrity. Although judges in ancient Chinese society lack of professionalism,they trialed cases according to laws accumulated from Confucian morality and achieved good social effects. Their judges were permeated with moral credibility. Judges within the period from the foundation of PRC to the Third Plenary Session of the 11 th Central Committee were devoted to punishing criminals from the perspective of class struggle and achieved good political effects and credibility. With the development of China＇s rule of law and the realization of trial- centered lawsuit reform,the judges within the quota shall adhere to the principle of fair trial and seek justice within laws in order to achieve good legal effect and reflect credibility as referees.