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法官纠纷化解能力在一定程度上决定着司法公正的实现程度。社会转型时期的复杂性和多样性,要求法官不断提高纠纷化解能力,积极回应民众对司法的特殊需求。笔者通过对当前我国司法实践状况的现实考察和深入反思,揭示了法官纠纷化解能力潺弱的深层次原因,进而提出提高纠纷化解能力合理路径,认为社会转型时期法官只有在形式理性与实质正义、法律规则与社情民意、司法的主动性与被动性、法律评价与社会评价之间不断平衡,才能使纠纷的解决既符合社会发展的要求,又获得民众的广泛认同。
To some extent, the ability of the judge to resolve the dispute determines the degree of realization of judicial fairness. The complexity and diversity of the period of social transition require judges to continuously improve their ability to resolve disputes and actively respond to the special needs of the public for the administration of justice. Through the realistic investigation and in-depth reflection on current judicial practice in our country, the author reveals the deep reason why the judge’s ability to resolve disputes is weak and proposes a reasonable way to improve the capacity of resolving disputes. He believes that judges in the transitional period of social transformation are only in the aspects of formal rationality and substantive justice, The constant balance between legal rules, social conditions and public opinion, judicial initiative and passivity, legal evaluation and social evaluation can make the resolution of disputes not only meet the requirements of social development but also get popular approval.