有限理性、法官职业伦理与法官职业豁免

Limited Rationality,Judge’s Professional Ethics and Judge’s Professional Exemption

司法的过程是一个以法官为主体,运用理性进行事实判断、价值衡平和法律适用的法律阐释的过程。法官的理性行为和职业伦理,直接影响法官对案件事实的判断和裁判的公允。应从法官的有限理性这一前提出发,厘清有限理性、法官职业伦理和法官职业豁免的关系,进而指引法官职业伦理建设。

The judicial process is a cognitive process in which the judge is the main body who uses rationality to perform fact judgement,value judgement and law applicability.The professional ethics and rational behavior of the judge directly affect the judgment of the facts and its fairness for a case.The construction of judicial ethics should be the core task of the construction of the people’s court team,which should start with the regularity that the judge’s judicial activities are limited rationality.It’s necessary to clarify the relationship between the limited rationality and the judge’s professional ethics,and analyze the significance of the judge’s professional exemption to the judge’s professional ethics in order to guide the construction of the judge’s professional ethics.