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法官说理既是法官权力公开化的必然要求,也是司法职能现代化的应有之义。司法判决不被接受源于当事人对判决结果的不认同,而这又源于判决书的裁判理由不被接受,多数情况下判决书并未充分说理或者根本没有说理。影响法官说理的因素既包括个人层面也包括制度层面,但无论是内因还是外因均应当被克服,因为法官说理与否不仅关系到当事人的诉讼利益,也关系到司法公正的实现。
Judge’s argument is not only the inevitable requirement of the openness of the judge’s power, but also the proper meaning of the judicial function’s modernization. Judicial decision is not accepted from the parties disagreement on the verdict, which in turn is not accepted from the judgment of the verdict, in most cases the verdict is not fully justified or not justified. The factors that affect judges ’reasoning include not only individual but also institutional aspects. However, both internal and external factors should be overcome because judges’ adjudication is not only related to litigant’s interests but also the realization of justice.