我国法官性别比例失衡现象实证分析——以上海市、杭州市为样本

An Empirical Study of the Imbalance of the Gender Ratio of Judges in China——Taking Shanghai City and Hangzhou City as Samples

目前我国法院体制内,总体上男性法官多于女性法官,在基层法院中女性法官比例远远大于中级、高级人民法院的女性法官比例,预备法官性别数据所呈现的女性多于男性的现象、离职法官中的男性法官居多的现象。目前法官群体在总数上男性多于女性,以此为基数,女性法官数量有不断增加的趋势,法官离职现象又使得男性法官数量不断减少,法官性别比例失衡现象逐渐形成。在司法审判实践中,男性法官和女性法官会在特定领域发挥其特有的性别优势,针对失衡现象进行积极调试的措施是必要的,唯此才能确保社会需要与司法实践呈现出良性循环。

At present,in the court system of China,on the whole,there are more male judges than female judges and the proportion of female judges in grass-roots courts is much larger than that in intermediate courts and higher people’s courts.In connection with the phenomena of more women than men presented by the preliminary judge’s gender data and larger proportion of men than women leaving their jobs,we can have such a prediction:the current number of male judges in total is more than that of women,based on which the number of female judges tends to increase;the demission of judges has led to a constant reduction in the number of male judges,which will result in the gradual formation of the gender imbalance in judges;in combination with the practice of judicial trials,we can find that male and female judges play their specific gender advantage in specific areas.In order to ensure that the social needs and the judicial practice show a virtuous circle,the measures to actively debug the imbalance phenomenon are necessary.