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从理论和现实角度考察, 把我国军事法院专职审判人员的称谓统一为“军事法官”是合适的。在我国现行军事司法体制下, 军事法官受到了公正法律世界、军队政治机关、军事社区文化三种权威的制约,相应地存在着理性人、社会人、经验人三重角色的分离。军事法官处理个案无异于在上述三种角色期待之间调和冲突并寻求最佳位置。我国军事诉讼立法资源稀薄, 军事审判适用规范庞杂, 军事司法的相对独立性得不到应有的尊重, 导致军事法官的角色定位与行为模式选择很难满足司法公正的内在要求。因此, 有必要调整军事司法机关的归属地位, 改革军事法院内部管理体制和工作程序, 提高军事法官的综合素质, 加快军事诉讼立法步伐。
From a theoretical and practical point of view, it is appropriate to unify the title of full-court judges of military courts in our country into “military judges.” Under the current military judicial system in our country, military judges are constrained by three kinds of authority: the just legal world, the military political organs, and the military community culture. Accordingly, there is a separation of the three roles of rational people, social people and experienced people. The handling of cases by military judges amounts to a reconciliation of the conflict and the search for the best possible position in anticipation of the above three roles. China’s military litigation legislation has thin resources, the military trial applies many specifications, and the relative independence of military justice can not be respected. As a result, it is difficult for military judges to choose their role and mode of behavior to meet the inherent requirements of judicial fairness. Therefore, it is necessary to adjust the ownership status of the military judicial organs, reform the internal management system and work procedures of military courts, improve the overall quality of military judges and speed up the pace of military litigation legislation.