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法官事关司法公正,事关社会最后防线的正义性,因而十分关键。而中国目前存在约束法官的特定必要性。当前约束法官的措施主要体现在《法官法》、最高人民法院的司法解释以及地方法院的政策之中,但是它们都无法起到真正的作用。要约束法官,防止法官腐败,必须建立内部与外部两种制约机制。
Judges are concerned with the impartiality of the judiciary and the justice of the final defensive line of society. Therefore, it is very crucial. At present, China has the specific necessity of restraining judges. At present, the measures that constrain judges are mainly reflected in the “Judicial Law”, the judicial interpretation of the Supreme People’s Court and the policies of the local courts. However, none of them can play a real role. To restrain judges and prevent judges from corrupting, two internal and external restraining mechanisms must be established.