我国法院内部虽然不断推出的审判制度改革适应了中国市场经济的发展需要,但许多根本性问题却一直未能解决,如司法公正、法官独立等诸多问题。在现行体制下,本文认为法院内部行政管理运作模式是困扰上述问题的根本性问题。法院改革十多年,其行政管理运作模式没有得到根本性的转变,在“适者生存”的环境下,法官的选择就变得具有现实性与可塑性。 Although the reform of the trial system in our courts has been adapted to the needs of the development of China’s market economy, many fundamental problems have not been solved, such as the issue of judicial fairness and the independence of judges. Under the current system, this paper argues that the internal operation of the court administration mode is a fundamental problem plaguing the above issues. In the past ten years of reform of the court, its administration mode of operation has not been fundamentally changed. Under the environment of “the survival of the fittest”, the choice of judges becomes realistic and malleable.