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当今法官已被形形色色的时代产物“曝光”于社会普通百姓面前,过去法官与外界最大层面相隔离的状态很难实现。在与外界的大量接触之下,意味着法官与外界的交流增多,法官的每个观点,每句评词都有可能通过媒体被无限放大,并在较短时间内被网络等各种传媒工具迅速传播,法官言论极大可能成为社会各界关注的焦点。本文归纳总结了我国法官慎言义务的主要内容以及存在的问题,进而在结合我国国情的情况下探讨如何审慎地规制法官慎言义务,最终能够改善我国法官形象,进而树立良好的司法公信力。
Nowadays judges have been exposed by all kinds of products of the times “Exposure ” to the ordinary people in society. In the past, it was very difficult for judges to separate from the outside world at large. In a large number of contacts with the outside world, means that the judge increased exchanges with the outside world, the judge’s every point of view, each comment is likely to be unlimited amplification through the media, and in a relatively short period of time by the Internet and other media tools Spread rapidly, the judge speech greatly may become the focus of attention of all sectors of society. This article summarizes the main content and existing problems of Chinese judge ’s cautious duty, and then discusses how to carefully regulate the judge’ s cautious obligation in the light of China ’s national conditions, which can eventually improve the image of our judge and establish a good judicial credibility.