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近年来,随着司法改革的逐渐推进,尤其是自2002年7月最高人民法院提出法官队伍职业化建设以来,对何谓法官的职业化思维,理论界与实务界论述颇多,但大多从应然角度出发,而缺乏实然层面的思考。为此,本文拟对当前我国法官思维方式作一分析与探讨。 一、现代司法理念与法官职业化思维 针对现代司法理念的基本内容,最高人民法院院长肖扬指出应当包括“中立、平等、透明、公正、高效、独立、文明”等方面 而对
In recent years, with the gradual promotion of judicial reform, especially since the Supreme People's Court proposed the professionalization of the judicial contingent in July 2002, there is a lot of discussion on what is meant by the professional thinking of judges, theorists and practitioners. However, However, the point of departure, but the lack of realistic thinking. For this reason, this article intends to make an analysis and discussion on the present way of thinking of judges in our country. First, the modern concept of the judiciary and the judge's professional thinking for the basic content of modern judicial concept, the Supreme People's Court Xiao Yang pointed out that it should include “neutrality, equality, transparency, fairness, efficiency, independence, civilization ” and so on