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什么是审判技巧?审判技巧即审判对策,也称审判艺术,是审判活动技术性方法的概括。 审判质量的优劣,取决于审判人员能否遵循“以事实为根据,以法律为准绳”的基本原则,但是,也往往受到审判人员审判技巧的直接影响。统一的法律,雷同的案情,不同的审判人员往往会作出不一致甚至相反的处理结果,其审判质量、效率、效果的差异甚大。从一定意义上讲,审判技巧因素也起了一定作用。因而我们有理由认为,审判技巧不是可有可无的抽象意念,而是保证审判质量必不可少的技术手段。
What is the trial skills? Judicial skills that trial measures, also known as the trial of art, is a summary of the technical methods of trial activities. The quality of the trial depends on whether the trial judge can follow the basic principle of “based on facts and based on law”, but it is also often directly affected by the judgment skills of the trial judge. Uniform laws, similar cases, different trial staff tend to make inconsistent and even opposite results, the trial of quality, efficiency, the effect of great differences. In a certain sense, the factors of trial skill also play a role. Therefore, we have reason to believe that the trial technique is not an abstract idea that is dispensable, but an indispensable technical measure to ensure the quality of the trial.