单纯以结果为导向的“错案追究”难以有效实现惩戒效果法官惩戒制度存在的目的不在于惩罚法官,而在于通过惩戒机制保持司法之公正及公众对司法之信任。首先,“错案”是否为错,仅就法律适用、事实认定的实体而言常常难以判断。“错案追究”致使惩戒效果失去其精确性,易于出现误伤,对真正的不法人员难以形成有效威慑。其次,“错案追究”以结 It is difficult to effectively bring about the effect of disciplinary punishment based solely on result-oriented. “The purpose of the system of judge’s punishment is not to punish judges but to maintain the impartiality of the judiciary and public trust in the judiciary through disciplinary mechanisms.” First of all, whether the “wrong case” is wrong or not is often difficult to judge only by the law-applicable and fact-finding entity. “False case pursues ” causes the punishment effect to lose its accuracy, is apt to appear the accidental injury, is difficult to form the effective deterrent to the genuine unscrupulous personnel. Second, “wrong case pursues ” to knot