司法责任制不是解决司法腐败的良药,更不是杜绝冤假错案的妙方。倘若坚守对立的观点,离开法治思维的理性思考,司法责任制有可能导致新的“合法性不公正”。在以强化法官审判责任为“牛鼻子”的新一轮司法改革进程中,把司法责任制简单地等同为司法惩戒制,体现了司法工具主义的改革观。对司法的过程缺乏信任,对法官的理性缺乏包容,社会期望法官充分公正司法,却不相信法官能够公正司法,这种环境背景下出台的司法 Judicial responsibility system is not a good medicine to solve the problem of judicial corruption, nor is it the recipe for putting an end to unjust and wrong cases. If we stick to the opposite point of view and leave the rational thinking of the rule of law, the system of judicial responsibility may lead to a new “injustice of legitimacy.” In the process of a new round of judicial reform to strengthen the judicial trial of judges, the system of judicial responsibility simply equates to the system of judicial punishment, and reflects the reform concept of judicial instrumentalism. The lack of trust in the judicial process, lack of tolerance of the judge’s rationality, the community expects judges full and fair judiciary, but do not believe that judges can impartial justice, the judicial environment introduced this context