把法官当“人”看——兼论程序失灵现象及其补救

中国司法审判中程序失灵现象泛滥的根本原因之一,即在于部分诉讼立法和管理规则与法官作为人的本性相冲突,要么没有合理关照法官的正当利益诉求,要么对法官滥用权力的冲动防范不足。一个必要的改进方向,就是正视法官作为社会人和经济人的本质,通过合理的制度设计引导法官将自利行为与司法公正融为一体,将制度规范内化为法官的自主行为,从而最终实现制度与行动者的协调统一。

Treat the Judges as Human Beings:A Discussion of Failed Procedure and Its Remedy

One of the fundamental reasons for the widespread manipulation of China's trial procedure is that some procedural rules are in conflict with the nature of judges,either in failure to accommodate reasonable interests of judges,or underestimate judges' motive for power abuse.A necessary remedy lies on acknowledging judges' nature as social person and economic person,and harmonizing judges' interests with justice through well-designed procedural rules,which will be internalized as judges' spontaneous action an...