中国法官制度理念之创新

改革开放后的中国,对现代西方司法制度基本制度与理念的接纳与吸收,是一项具有创制意义的事业,但同时也包含着内在的冲突。在对现代西方司法制度与当代中国条件的这两种解读之间作出选择并非易事。现代西方司法制度诉求的宽度为中国的法治创新开拓了广阔的视野;但同时,司法制度的构成元素具有复杂性。从制度文化的视角看,一国司法制度的设立,一般都与该国法制的历史文化相关。法官制度的建构应该与普遍认同的概念理念相符,在普遍认同的概念下,中国法官制度的理念才能有所创新。中国法官制度的完善,必须通过法律制度的不断向前发展,法官理性能力的不断完善来进行。

Innovation of the Concept of Judge System in China

After the reform and opening to the world, China has accepted and absorbed the basic system and i- dea of the modern Western judicial system,which is a career with system creation and inner conflicts as well. It is not easy to choose between the two interpretations of modern Western judicial system and contemporary Chinese conditions. While the width of appeal of modern Western judicial system has opened a broad vision for China＇ s rule of law innovation, the elements in a judicial system are complex. From the perspective of the insti- tutional culture, the establishment of a country＇ s judicial system is generally related to its legal history and cul- ture. The construction of the judge system should agree with the accepted concept only by which can the judge system concept in China make innovations. China must perfect its judge system through continuously developing legal system and constantly improving the judge＇ s rational ability.