论法官的依法裁判——兼论法教义学方法对法官裁判的意义

在司法实践中,法官裁判工作屡屡遭遇社会舆论、民意导向和政策要求的严重干扰,影响了司法公正。法教义学强调法律文本的权威,强调对现有法律的执行,是法官裁判过程中摆脱困境的一条根本出路。法教义学方法并不否定法官自由裁量权,而是对其进行合理的控制与规范。为达到以法教义学方法进行依法裁判的目的,必须在法官思维的养成、促使法官严格依法解释上下功夫,同时为法官创造良好的适用法教义学方法裁判的外部环境。

On Judge’s Adjudication under Law: Also on the Significance of Judge’s Adjudication for Dogmatics of Law

In judicial practice,the judge’s adjudication was seriously interfered by public opinion,public opinion orientation and policy requirements repeatedly and the judicial fairness was affected.The dogmatics of law emphases on the authority of the legal text and the emphasizing on the enforcement of existing laws was a fundamental way out of the predicament in the process of adjudication.The dogmatics of law does not negate the discretion of the judge while it was controlled and regulated reasonably.In order to achieve the purpose of carrying out the adjudication under law with the dogmatics of law,it must try to cultivate the judge’s thinking,promote the judges to explain with law strictly and create an external environment for the judges to adjudicate with the dogmatics of law.