一、问题的提出在西方的传统理论中,行政权与司法权是分立与制衡的关系。所以,为保障对行政权的有效制衡,西方国家的法官通常有意识回避政府官员,即使确有必要与政府官员接触,也尽量通过法院内非法官身份的行政人员予以交流。但是,该经典理论是否同样适用于当今的中国?在我国的司法实践中,笔者注意到一些与该理论相悖的案例。 First, the issue put forward In the Western traditional theory, the executive power and judicial power is the relationship between the separation and checks and balances. Therefore, in order to ensure effective checks and balances over the executive power, judges in western countries often consciously evade government officials and, even when it is absolutely necessary to engage with government officials, try their best to communicate through non-judicial executives within the courts. However, is the classical theory also applicable to today’s China? In our country’s judicial practice, I noticed some cases contrary to the theory.