民初法官素养论略

On the Qualifications of the Judges at the Beginning Time of People's China

民国初年所颁布的法规、司法法令报刊上发表的相关论文以及事实报道等基本材料表明,法官的独立品性、专业能力、经验和学识等在当时已经受到重视,并作为对法官考核的基本要求,但是这样做却未能造就符合近代司法理念的法官队伍。这显现出民初法官选任和考绩制度内在标准的某些缺失。

It shows from the laws, regulations, judicial orders and the related articles and reports in the newspapers at the beginning time of People's China that the independent character, the professional abil- ity, the experience and the knowledge of judges were emphasized at that time, and were taken as basic requirements in the examination of judges. But all these didn't succeed to form a group of judges meeting the demands of modern judicial recognition. This shows the absence of some inherent standards of the choice and examination systems to judges at the beginning time of People's China.