询问权是法官向当事人、证人询问,审查判断其他证据,形成内心确信,快速查明案件事实。但是,当前我国对询问权的立法缺失、学界对询问权的关注不足,导致司法实践中出现了许多问题。本文认为,解决这些问题的关键是认清询问权的义务属性,规定法官违反这一义务的救济途径,迫使法官在司法实践中主动行使询问权,从而获取心证,作出公正裁决。 The right to ask is that the judge inquires the parties and witnesses, examines and judges other evidence, forms the inner conviction and quickly ascertains the facts of the case. However, at present, our country lacks of legislation on the right to ask and the academic circle lacks attention on the right to ask, resulting in many problems in judicial practice. This article argues that the key to solving these problems is to recognize the obligatory attribute of the right to ask, to provide the remedy for the violation of this obligation by the judge, to force the judge to voluntarily exercise the right to ask in judicial practice so as to obtain the evidence and make a fair decision.