摘要
法学界在探讨如何塑造司法信任时,通常采用理性的研究视角,而“如我在诉”理念的提出则启用了感性视角,有助于深化对司法信任内在机制的理解。这一司法理念的践行主要体现在两个方面:一是司法者在行为上体察并回应当事人的利益和情感诉求;二是通过法庭空间的设计,营造契合当事人心理需求的氛围。“如我在诉”理念根植于对当事人的情感关怀;其核心策略是构筑司法者与当事人之间的沟通桥梁,促进双方达成共识;其价值导向是对“人民司法”理念的赓续,确保司法活动体现人民群众的根本利益和共同期望。通过践行“如我在诉”理念,司法信任得以塑造,社会公众的认知偏差亦能得到有效调节。此外,“如我在诉”理念的践行仅限于法律框架之内的裁量,在主客观条件的限制下,司法者亦需精准把握其边界,以实现司法过程中理性与情感的平衡。
In exploring how to shape judicial trust,legal academics usually adopt a rational research perspective,while the proposal of the concept of “treating every case as if I were the litigant” introduces an emotional perspective,which helps to deepen the understanding of the intrinsic mechanism of judicial trust.The practice of this judicial concept is mainly embodied in two aspects:first,judicial personnel should observe and respond to the interests and emotional demands of litigants through their conduct;second,courtroom spaces are designed to create an environment aligned with litigants’ psychological expectations.The concept of “treating every case as if I were the litigant” is rooted in the emotional care for litigants,and its core strategy is to build a communication bridge between the judicial personnel and the litigants to promote the two sides to reach a consensus.Its value orientation is to carry forward the concept of “People-Oriented Judiciary”,ensuring that judicial activities reflect the fundamental interests and common expectations of the people.By practicing the concept of “treating every case as if I were the litigant”,judicial trust can be shaped,and the cognitive bias of the public can also be effectively mitigated.In addition,the practice of the concept of “as if I were the litigant” is limited to the discretion within the legal frame.Under the constraints of subjective and objective conditions,judicial personnel also needs to accurately grasp its boundaries to realize the balance between rationality and emotion in the judicial process.
作者
肖琪
Xiao Qi(Law School,China University of Political Science and Law,Beijing 100088)
出处
《河南财经政法大学学报》
2025年第3期152-166,共15页
Journal of Henan University of Economics and Law
关键词
司法信任
如我在诉
共情
情感
人民司法
judicial trust
as if I were the litigant
empathy
emotion
people-oriented judiciary
