法官良知的价值、内涵及其养成  

The Value and Connotation of Judges' Conscience and its Formation

作　　者：江必新[1] 

机构地区：[1]中南大学法学院

出　　处：《法学研究》2012年第6期38-48,共11页Chinese Journal of Law

摘　　要：法官审理案件,应以事实为根据,以法律为准绳,以良知为圭臬。法官良知的内涵可以概括为"八心",即一视同仁、平等对待之心,求真求实、勿冤良善之心,坚守正义、善解法意之心,惩恶扬善、保国安民之心,案结事了、息讼促和之心,真诚恻怛、哀矜裁判之心,勤奋敬业、救人水火之心,清廉如水、一尘不染之心。法官良知的养成,须遵循推己及人的判断善恶之法,养守戒慎的良知形成之法,反躬自省的矫正固化之法,形成文化的扩展推广之法。The essence of the work of judges is to distinguish the right and wrong based on laws, facts and conscience. Specifically, judges should take facts as the basis, laws as the criterion and conscience as the standard when hearing cases. In the past decades, the skills and experience of Chinese judges to check the facts and use the laws have made considerable progress, while the conscience of judges remains the short board and needs to be inquired into. The value of the conscience of judges can be summarized as follows： ＂conscience is self-realized＂, i. e. , a ＂court＂ that judges establish in their heart for self-trial; ＂conscience is the beginning of goodness＂, i. e. , an important basis for judges to balance interests and select from values~ ＂conscience is well- doing＂, i. e. , a magic weapon to overcome human weakness of the judges and make up loopholes in the legal system. The connotation of the conscience of judges can be summarized as eight ＂hearts＂ ： the ＂heart＂ of equal treatment; the ＂heart＂ of seeking the truth and not wronging a good man; the ＂heart＂ of adhering to justice and understanding the spirit of the laws~ the ＂heart＂ of punishing evil and promoting good, defending the country and comforting the people; the ＂heart＂ of setting the cases and disputes and achieving harmony; the ＂heart＂ of making sincere, compassionate and pitiful judgments~ the ＂heart＂ of hardworking and saving people in distress; and the ＂heart＂ of keeping honest and stainless. In fostering his conscience a judge must consider others in his own place and distinguish good and evil, keep vigilant and prudent, look back at past mistakes he has made and correct them, and form the culture of conscience and promote it.

关 键 词：司法审判 法官良知 司法伦理 

分 类 号：D926.2[政治法律—法学]