中国司法审判中程序失灵现象泛滥的根本原因之一,即在于部分诉讼立法和管理规则与法官作为“人”的本性相冲突,要么没有合理关照法官的正当利益诉求,要么对法官滥用权力的冲动防范不足。一个必要的改进方向,就是正视法官作为“社会人”和“经济人”的本质,通过合理的制度设计引导法官将自利行为与司法公正融为一体,将制度规范内化为法官的自主行为,从而最终实现制度与行动者的协调统一。 One of the root causes of the proliferation of procedural failures in judicial trials in China is that some of the legislative and regulatory rules conflict with the judge’s nature as a “human being” or fail to properly consider the legitimate interests of judges and abuse the powers of judges Impulse to prevent inadequate. A necessary direction of improvement is to look squarely at judges as the essence of “social man ” and “economic man ”, to guide judges to integrate self-interest and judicial justice through rational system design, to internalize institutional norms Judges autonomy, so as to eventually achieve the system and actor coordination and unity.