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当前司法改革进程中对于司法责任制的完善,重要内容包括法官奖励与惩戒两方面制度建设。法官奖惩制度的建构,其前提和基础是理解法官的制度定位,从而明确对其实施奖惩的制度逻辑。从规范文本与司法实践中所进行的分析,可以发现我国法官奖惩制度中有多重逻辑的并存,科层制的逻辑在其中发挥着更为突出的作用。需要基于中国现实与司法规律,以自洽的逻辑来指引法官奖惩制度,从而完善司法责任制。
The current judicial reform process for the improvement of judicial accountability, the important contents include two aspects of the system of reward and punishment of judges. The premise and foundation of judge rewards and punishments system is to understand the position of judges and clarify the institutional logic of rewards and punishments. From the analysis of normative texts and judicial practice, we can find that there are multiple logical coexistences in the system of rewards and punishments of judges in our country. The bureaucratic logic plays a more prominent role. It is necessary to guide the reward and punishment system of judges based on the reality of China and the law of justice with self-consistent logic so as to improve the judicial responsibility system.