法治 应该如此呵护——读《司法民主、公平正义与法官制度》

司法民主是我国司法改革的前进方向,人民陪审制度是我国实现司法民主的主要方式之一,应充分发挥陪审员源于民众,代表民众的优势。我国存在传统法律伦理精神与现代法治精神的冲突,导致现实中公平正义的法治精神缺失。为培育公平正义的法治精神,不仅要融合有益的传统法律伦理精神,还要加强现代法治精神的宣传教育。法官制度与司法民主与公平正义在逻辑上是紧密相连的。时下的法官制度有历史遗留问题,也有遴选与任免上的不尽科学等。完善法官制度要提高法官的准入资格,增强司法独立性,打破按照行政区划设置司法机关的局面等。

The Necessity of Care in Rule of Law -- Reading Judicial Democracy,Justice and Judiciary System

Judicial democracy is the goal of judicial reform in China. The system of people＇s jury is one of the main means to achieve democratic country. We should give full play to the advantage of ＂jury from the people, representing the people＂. The conflict between the traditional legal ethics and modern spirit of rule of law leads to a lack of justice in reality. To foster respect of the rule of law, fairness and justice, we should not only integrate traditional legal ethics, but also strengthen the public education of modern rule of law. The judge system is logi- cally closely related to judicial system of democracy and justice. There are at present some historical problems in the judge system, but unscientific selections and appointments also affect it. To perfect the judge system, it is necessary to improve access standards, enhance judicial independence and break the habit of judicial division in accordance with administrative divisions.