一、困窘:五例渎职无罪案折射出法官正常履职的刑事风险法官因渎职被追究刑事责任是一个复杂的问题,因贪腐有明确谋取利益的行为,因此对于贪腐法官的刑法规制争议较少,而法官渎职犯罪因司法与行政相比具有特殊性,在罪与非罪之间具有较强的复杂性,认识上也多有分歧,这构成了法官正常履职的最大风险。如果任由肆意对法官追究渎职刑事责任,则法官必将成为高风险行业,也将成为各类社会矛盾汇集的最终牺牲品,这与当前法治建设的指向背道而驰,因此亟待对该问题进行研究,以确定科学、明确的法官渎职入罪标准、程序,保障法官能够依法独立履职。本文以中 First, embarrassment: five cases of dereliction of duty innocence reflects the judge’s criminal penalties for the proper performance of their duties Judge was investigated for malfeasance due to criminal liability is a complex issue, because corruption has a clear interest-seeking behavior, therefore, for the torture judge’s criminal law controversy Fewer cases, and judges due to dereliction of duty due to the special nature of the judiciary compared with the administration, between the crime and non-crime has a strong complexity, there are many differences in understanding, which constitutes the greatest risk judges perform their duties properly. If you arbitrarily arbitrarily judge a judge for criminal liability for malfeasance, then the judge will inevitably become a high-risk industry and will eventually become the ultimate victim of all kinds of social conflicts. This runs counter to the current orientation of the rule of law. Therefore, we must study this issue urgently Determine scientific and clear standards and procedures for dereliction of duty by judges, and ensure that judges can perform their duties independently according to law. This article is in