法官在兑现胜诉方的权利过程中必然与败诉方发生利益冲突,这种冲突又常常演化成对抗。多年的执行经验告诉我,少数极端性质的对抗是无论如何也不能避免的,但大多数对抗则是可以避免的。而最成功的化解又常常是法官在与当事人接触过程中倾注了理解、尊重乃至合作这些人文关怀的结果。使我最初产生这种认识的是亲身经历的几个执行故事,虽然已时隔几年,但至今想起来依然感觉回味悠长,充满温馨。 In the course of fulfilling the winner’s rights, the judge inevitably has a conflict of interest with the losing party, and such conflicts often evolve into confrontation. Years of executive experience have taught me that the few extreme types of confrontation are unavoidable anyway, but most confrontations are avoidable. And the most successful resolution is often the outcome of judges’ humanistic care of understanding, respecting and even cooperating with their clients. What made me first to realize this kind of understanding is that I have experienced a few executive stories, though it has been a few years old, but still reminds me of the long aftertaste, full of warmth.