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当前,我国法官职务犯罪呈现高发态势,严重损害司法公正,降低司法公信。通过对法官职务犯罪的实证分析,发现法官职务犯罪在涉嫌罪名、犯罪领域、犯罪手段等方面呈现高度的相似性。导致法官职务犯罪的原因是多方面的,包括功利主义思想的影响、法官遴选机制和法院管理机制的缺陷、法官监督机制的缺失等。防范法官职务犯罪的出路在于构建廉政司法风险防控机制,包括重塑法官的法律信仰、改进法院管理体制、强化内部和外部监督等。
At present, the crime of job-taking in our country’s judges shows a high tendency, which seriously damages the fairness of the judiciary and lowers the credibility of the judiciary. Through the empirical analysis of the crime of judge’s job, it is found that the judge’s job-related crime shows a high degree of similarity in the aspects of suspected crimes, criminal fields and criminal means. There are many reasons leading to the crime of judge’s job, including the influence of the utilitarianism, the defects of the judge’s selection mechanism and the court management mechanism, the lack of the judge’s supervisory mechanism. The way to guard against crime of judges is to set up a mechanism to prevent and control the judicial risk of honest government, including reshaping the legal belief of the judge, improving the management system of the court and strengthening the internal and external supervision.