保障法官素质的标准和方法:法官资格考核与培训

我国法官素质已经引起了社会各界广泛的关注。如何使我国法官成为法律职业群体中的精英 ,不仅是一个实践问题 ,而且是一个涉及到根本宪政体制的理论问题。从这个意义上讲 ,提议中的统一司法资格考试不仅会对提高法官素质产生积极影响 ,而且会对一些宪政制度的方面 ,特别是司法改革 ,产生潜移默化的影响。但考试制度的改革这只是保障法官素质的基本措施之一。从统一司法资格考试开始 ,各种考核法官的方法都应当跟上 ,必要和经常性的法官培训制度应当逐步健全 ,严格和公开的法官任命制度也必须建立。

The Standards and Methods of Guaranteeing the Judges' Qualities--Examination and Training of Judges

The quality of judges in China has aroused concerns from all sectors of the society. How to make the judges the elite part of the legal profession? This is not only a practical issue but also a theoretical one that relates to fundamental constitutional structure. In this perspective, the proposed United Judicial Examination will not only have positive impacts on enhancement of judges' quality, but also impacts on some aspects of constitutional structure, particularly on judicial reform. But the reform of examination is only one of the basic devices for guaranteeing the judges' quality. Starting from the reform of examination, other devices for verifying judges' quality should be introduced, necessary and constant training programs for judges should be implemented step by step, and rigid and open judges' appointment system should be established. Taking the Uniform Judicial Examination as a starting point, this article attempts to explore various ways of ensure and improvement of judges' quality.