中国法官任用机制:基于理念的初步评析

近30年来中国法官任用机制日益呈现出从干部理念向司法理念演变的趋势,当然迄今为止司法理念也未完全取代干部理念。当下,两种理念在演进、发展中微妙互动着,呈现出既各行其道又竞争互动的格局,使中国形成了一种任用标准国际化与任用程序本土化的独特的、二律背反的法官任用模式。对此,也许一种现代式的专业化与政治化兼顾且协调化的中国式理念与机制值得追寻,当然,其具体内容当有待通过实践来探索。

Judges' Appointment in China: A Conceptual Comment and Analysis

The Concept of judges’ appointment in China tends to evolve from taking judges as administrative officials to taking them as judicial officers,and as of the former idea has never been entirely cast aside.Thus,the two ideas are interacting and competing with each other in the evolution and development,which results in the existence of a unique and antinomy judges’ appointment model in China with the blending elements of international standards and local practices.Perhaps it is worth developing the China-mode conceptual institution which seems having successfully harmonized modern professionalism and politicalization.Of course,as to its specific contents,much has to be sought for in practice.