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社会公众对法官的要求,最为基本的就是法官要具备丰富的社会知识和社会经验,而这种对社会知识和经验的把握及综合运用就是法官的智慧。毋庸讳言,法官的智慧是解决人与人之间纠纷的一大利器。一名法官运用自己的智慧可将一些纠纷案件于谈笑之间将矛盾化解,使利害双方皆大欢喜,这是法官追求的一种境界,更是和谐司法的要求。从人性上分析,人都有“趋利避害”性,这是人之本性。具体到部分纠纷案件,原告方为了实现其利益最大化,往往虚构、夸大自己的损失,增加诉讼请求,而被告方为了减轻责任,减少损失,出于自卫心理往往把责任推得一干二净,从而造成当事人双方情绪严重对立,加大了纠纷化解的难度,也给法官公正司法、和谐司法带来阻滞。这时候就需要法官运用自己的智慧,耐心引导双方当事人达成解决矛盾的方案,最终化解矛盾纠纷。我作为书记员参与审理的一起财产损害赔偿纠纷案至今让我难以忘怀,因为,这起民事纠纷圆满调解解决的过程让我切身领悟、感受到了法官智慧的和谐之美。
The most basic requirement of the public on judges is that judges should have rich social knowledge and social experience, and that the grasping and comprehensive application of social knowledge and experience is the wisdom of judges. Needless to say, the wisdom of a judge is a great weapon for settling disputes among people. A judge, using his own wisdom, can resolve some conflicts and disputes among themselves and make both parties happy. This is a realm the judge pursues and the requirement of a harmonious administration of justice. From the human nature analysis, people have “profit and avoid ” sex, this is human nature. Specific to some disputes, the plaintiff in order to maximize their interests, often fictitious, exaggerate their losses and increase litigation claims, and defendants in order to reduce liability and reduce losses, out of self-defense psychology tends to push the responsibility removed, As a result, the sentiment of both parties is seriously antagonistic, which increases the difficulty of resolving the dispute and brings about a blockage to the impartial administration of justice and the harmonious administration of justice. At this time, judges need to use their own wisdom and patiently guide the two parties to reach a solution to the conflict and finally resolve the conflicts and disputes. As a clerk to participate in the trial of property damage compensation disputes so far let me unforgettable, because this civil dispute a mediation process so that I fully understand, felt the beauty of the wisdom of the judge’s harmony.