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法官作为社会纠纷的中立裁判者具有自身的使命。严格适用法律是我们对法官使命的应然追求。处于审判的中心与焦点,面对政治压力、媒体评论与公众舆论,法官本就处于不自在的境地。我们不要赋予法官不能承受之重,而要创造适当的激励以使其顺利履行应然使命。许霆案为我们思考法官的处境提供了素材。本案中,媒体、舆论的压力使法官自身的角色错位。为了回应社会压力,法官不得不采用一些策略。
Judges have their own mission as a neutral judge of social disputes. Strict application of the law is what we should pursue for the mission of judges. In the center and focus of trial, in the face of political pressure, media criticism and public opinion, the judge himself was in a state of being uncomfortable. We should not give the judge unbearable weight, but we should create appropriate incentives so that it can smoothly fulfill its due mission. Xu Ting case for our thinking about the situation of the judge provided the material. In this case, pressure from the media and public opinion shifted the judge’s own role. In response to social pressure, judges have to adopt some tactics.