法官中立源于人们对公平、正义的追求,是程序公正价值中最基本也是最重要的原则之一,它不仅要求法官同争议的事实和利益没有关联性,更要求法官在案件审理中保持超然中立的消极态度,唯如此才能保证人们对审判的信赖。但无论如何在民事诉讼中配置诉讼指挥权也不能破坏法官中立,这是公正之法则。 Judge’s neutrality originates from the people’s pursuit of fairness and justice. It is one of the most basic and most important principles in the fair value of the procedure. It not only requires the judge not to have any connection with the facts and interests of the dispute, but also requires the judge to remain detached during the hearing of the case Neutral negative attitude, the only way to ensure people’s trust in the trial. However, in any case, the allocation of the lawsuit in civil proceedings can not undermine the judge’s neutrality, which is the law of justice.