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司法审判作为解决社会纠纷的最后途径,一定要确保社会正义的实现。法官作为作出司法裁判的主体,是“法”或“正义”的化身,应当通过证据尽可能还原案件事实真相,然而法官在审理案件过程中受自身各种因素的影响,不可避免地带有一定的主观倾向,这种情况的发生严重影响了司法的公正性。本文从1933年美国最高法院受理的Quercia诉美国政府案为契机,浅窥法官在英美法系审判中的职责及中立地位的要求。
As the last resort to solve social disputes, judicial adjudication must ensure the realization of social justice. Judges, as the subject of judicial adjudication, are incarnations of “law ” or “justice ”. The facts of the case should be restored as much as possible through the evidence. However, judges are inevitably affected by various factors during the trial of the case The zone has a certain subjective tendency, and the occurrence of such a situation has seriously affected the fairness of the judiciary. This article takes the opportunity of the case of Quercia v. United States Government accepted by the Supreme Court of the United States in 1933 to give a glimpse of the judge’s duties and neutrality in the Anglo-American legal system.