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中国法官一直因“不说理”而受到质疑。对其原因进行梳理,可分为主观上“不愿”说理与客观上“不能”说理两种,对这两类原因都应当加以重视。据此检验学界提出的法官说理改革进路,可发现“美国模式”和“德国模式”都不能在我国有效推行,原因是法官解释权受限以及法官威信不足。通过法律解释方法法典化对“美国模式”加以改造,可以使其更好地适应国情,是推进法官说理改革的一个折中方案。
Chinese judges have been questioned for “not justifying.” To sort out the reasons, can be divided into subjective “reluctant” reasoning and objective “can not ” reasoning two kinds, for these two types of reasons should be taken seriously. Based on this, we can find out that the judges proposed by the academic circles to talk about the reform approach can find that both the “U.S. model” and the “German model” can not be implemented effectively in our country because of the limited interpretation of judges and the lack of prestige of judges. To transform the “American model” through the codification of the legal interpretation method can make it better suited to the national conditions and is a compromise solution to promote the judge’s reform.