司法独立和法官职业化

Judicial independence and career judge

本文从现代法治的核心目标“法律至上”地位和“以权制权”的建立入手,指出司法独立的重要性,并进一步阐释了司法独立的实现有赖于法官职业化的实现,进而概括了法官职业化的内容:法官的技能、法官的职业伦理,法官的自主性与自治性,法官的任职资格等及其与司法独立的关系,并从制度建构的角度对中国的法官职业化提出了一些建议。

From the core goal of the modern rule of law-forming'the most loftimess of law'and'checking power by power',this article points out the importance of judicial independence.It sets forth that the judicial independence depends on the system of career judge and generale the substance of the system of career judge-judge's skills,judge's career ethics judge's independence and autonomy,judge's qualification for his position and the relations between the system of career judge and judicial independence.In addition,this article further gives some advices about the Chinese system of career judge from the point of construction of institutions.