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2012年新修订的《民事诉讼法》明确规定了法官说理义务。然而,说理义务的内容仍然停留于过去那种抽象概括的规定,因此,必须把说理义务具体化,即根据证明责任分配、证明标准、诉讼标的、程序规则等阐明认定事实和适用法律的理由。司法解释应该确立以当事人为中心兼顾法官、律师、社会大众为说理对象的模式。与此同时,司法制度改革应该注重保持法官判断独立性、以合议制代替审委会、司法管理以法官业务素质提高为中心,从而确保法官说理义务的制度环境。
The newly revised Civil Procedure Law of 2012 clearly stipulates the judge’s obligation of reason. However, the content of the obligation of reasoning still stays in the abstract summary of the past. Therefore, it is necessary to substantiate the obligation of reasoning, that is, justifying the facts and applying the law according to the distribution of the burden of proof, the standard of proof, the object of litigation and the rules of procedure. Judicial interpretation should establish a pattern of taking the clients as the center and taking judges, lawyers and the general public as the object of reasoning. At the same time, the reform of the judicial system should pay attention to keeping the judiciary’s judgment of independence, replacing the judicial committee with a collegiate system, and improving the professional quality of judges through judicial management, so as to ensure the institutional environment in which judges judge their duties.