化解社会矛盾的现实需要是法官参与社会管理的现实要求。法官在纠纷化解中发挥着重要作用,通过近几年的司法实践,也可以看出法官为社会的和谐稳定作了大量的工作,也化解了大量的社会矛盾。在法官参与社会管理的制度约束方面,为探讨法官参与社会管理的法官思维与行为模式,本文选择了法官参与社会管理中最为重要的两个约束条件,即以审判绩效考评方式与案件和当事人类型为视角,对法官思维与行为模式进行实证分析,以此来探讨现行制度对法官参与社会管理的影响。本文发现,法官参与社会管理的法律思维和行为模式显著地受到上述两个因素的影响。另一方面,本文通过对法官参与社会管理的行为模式进行实证分析,发现法官在参与社会管理过程中行为模式对纠纷的化解较有效率。因此,本文认为,法官通过化解纠纷来参与社会管理,是构建和谐社会的重要制度支撑。法官在参与社会管理的过程中虽然有一定的贡献,也受到一定的制度约束。为充分使法官有效地参与社会管理,这一方面需要减少对法官不当的制度约束,另一方面要充分发挥法官在化解纠纷过程中的积极性和主动性,充分发挥法官的司法经验和个人智慧。具体制度改革措施:一是改革审判绩效考评制度,建立符合审判规律的审判管理制度;二是运用平衡各方利益的法律思维,充分发挥法官的司法经验。 The actual needs of resolving social conflicts are the realistic demands of judges to participate in social management. Judges play an important role in settling disputes. Judicial practice in recent years shows that judges have done a great deal of work for the social harmony and stability and also solved a great deal of social conflicts. In the aspect of the system constraints that the judge participates in the social management, in order to probe into the judge’s thinking and behavior pattern that the judge participates in the social management, this article selects the two most important constraints that the judge participates in the social management, namely, judging the performance of the judge and the type of the parties and parties As the angle of view, to make an empirical analysis of the judge’s thinking and behavior patterns, in order to explore the impact of the current system on judges’ participation in social management. This paper finds that the legal thinking and behavior patterns of judges participating in social management are significantly affected by the above two factors. On the other hand, this paper empirically analyzes the behavior patterns of judges participating in social management and finds that judges’ behavior patterns are more effective in resolving disputes during their participation in social management. Therefore, this article argues that judges participate in social management through resolving disputes, which is an important institutional support for building a harmonious society. Although judges have some contribution in the process of participating in social management, they are also bound by certain system. In order to fully enable judges to participate effectively in social management, on the one hand, it is necessary to reduce the system constraints on improper judges; on the other hand, we must give full play to the judges ’enthusiasm and initiative in resolving disputes and give full play to the judges’ judicial experience and personal wisdom. The specific system of reform measures: First, reform the performance appraisal system of the trial to establish a trial management system in line with the law of trial; the second is to use legal thinking to balance the interests of all parties and give full play to the judicial experience of judges.