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法官回避制度,是为了消除当事人对法官中立性抱有的怀疑而选择中立性法官,保证法官能不偏不倚地作出裁判,保障诉讼公正的制度。从现行法律及司法解释对回避对象、事由、程序操作等规定来看,此制度尚需进一步完善。我国应重新界定法官范围,从适当扩大法官回避对象、细化明确回避事由、增设法院依职权裁定回避的方式等方面来保障法官回避制度的实现。
Judge evasion system, is to eliminate the parties have doubts about the impartiality of the judges and the choice of neutral judges, to ensure that judges can make impartial judgments to protect the fairness of the system. From the current law and judicial interpretation of the avoidance of objects, reasons, procedures and other provisions of the point of view, this system needs to be further improved. Our country should redefine the scope of the judge, protect the judge’s avoiding system from such aspects as appropriately expanding the object of the judge’s avoidance, clarifying the reasons of the clear evasion, adding more ways for the court to avoid the case according to the authority.