论文部分内容阅读
就一个法官而言,他的专业能力固然重要,但他的良知则永远是最重要的。在所有的司法要素中,法官良知乃司法运作的灵魂,它在某种程度上决定了司法的过程和结果,更决定着司法本身的公正程度。故而法官良知一旦缺位,司法工作本身所追求的公平正义也必将成为奢谈。一些法官不能从立法精神和社会公理的高度思考问题,用并不娴熟的法律知识,生搬硬套法律条款,作出表面上合法,实质上却违背公理、情理乃至良知的判决。如果有良知,他就会在司法过程中统筹兼顾,权衡利弊得失,在原则性和灵活性之间寻求平衡,求索出更能为社会所接受的合情、合理、合法的判决结果。良知,应该成为我们每位法官判案的“主心骨”和“定盘星”。
As far as a judge is concerned, his professional ability is of course important, but his conscience is always the most important. Among all the judicial elements, the judge’s conscience is the soul of the judicial operation. It determines the process and result of the judiciary to a certain extent, and determines the fairness of the judiciary itself. Therefore, when the judge’s conscience is absent, the fairness and justice pursued by the judicial work itself will surely become extravagant talk. Some judges fail to consider issues from the standpoint of their legislative spirit and social fairness, and use unscrupulous legal knowledge to make indiscriminate legal provisions and make judgments that are ostensibly legal and essentially violate the axioms, feelings and even conscience. If there is a conscience, he will take all factors into account during the judicial process, weigh the pros and cons, find a balance between principle and flexibility, and find the more acceptable, reasonable and lawful verdict of the society. Conscience should be the “backbone” and the “platter star” of each of our judges.