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司法公正是法律理论与实务的最高目标,其与法官制度密不可分。法官的选任、离职、保障及独立性是司法公正的关键要素。美国作为一个法官高度独立的国家,拥有复杂的法官制度以保证司法系统的公正性。本文以美国法官选任制度为视角,分析其制度中的优势与弊端,以此展开对我国司法制度的思考及建议。美国州法官选任制度因其特殊的社会背景和高度存在的司法不公可能性于我国借鉴意义不大。美国联邦法官终身制加强了法官的独立性,有助于司法公正的实现,有一定的参考意义。
Judicial fairness is the highest goal of legal theory and practice, which is closely linked with the judge system. The election, separation, security and independence of judges are the key elements of judicial fairness. As a highly independent judge country, the United States has a complicated system of judges to ensure the fairness of the judicial system. This article analyzes the advantages and disadvantages of the system of judges in the United States from the perspective of the system of selecting judges, in order to start thinking and suggestions on the judicial system of our country. In the United States, the system of judge’s appointment is of little significance to our country for its special social background and highly probable judicial injustice. The life-long system of the federal judge in the United States has strengthened the independence of judges and helped to realize the justice of the judiciary, which is of certain reference value.