法官公开法律见解义务探析

法官的法律见解向来被认为是审判秘密的范畴。自20世纪70年代以来。德、法等国家的民事诉讼立法规定法官有公开法律见解的义务，以保障当事人的程序主体地位。我国最高院在司法解释中对此也作出了类似规定，但由于理论研究的不足。该规定较为笼统，实践中也难以把握，需要进一步研究和完善。

The Judge's Obligation to Open Legal Opinions

Traditionally legal opinions of the judge are deemed as the secret of adjudication. Since the 1970s, according to the legislations of Germany and France, the judge has the obligation to open his/her legal opinions to protect the partys subject status in procedure. There are also similar regulations stipulated by the Supreme Court of China.. However, the Chinese regulations are too general due to the insufficiency of theoretical analysis and therefore hard to control in practice. This subject still needs further investigation and modification.