谈法官与社区关系的话语冲突与实践困境

在法官与社区关系上,一方面强调法官融入社区,与群众＂亲密接触＂,另一方面提倡在法官与当事人间建立＂防火墙＂,法官与社区＂保持距离＂。本文认为,矛盾的基点在于不同的司法理念和现实的需要。一方面法官与社区之间应保持适当距离,另一方面司法应有一定的开放性,以免与社会脱节。然而,实践中往往难于掌握两者之间关系的＂度＂,以致陷入非此即彼的困境。

On the Conflict Discourse and Practice Difficulties on the Relations Between Judges and Community

The relationship between the judge and the community stresses that judges integrate into the community,and the masses intimate contact,on the other hand advocates that judges and the parties to establish a firewall,the judges and the community to maintain the distance.On the one hand between the judges and the community should maintain an appropriate distance from the other hand,the judiciary should have a certain degree of openness in order to avoid social dislocation.However,in practice often difficult to...