关于法官如何吸纳和体现民意的思考——以判文解释为视角
发布时间：2018-09-14 16:13
【摘要】：在中国,司法解释权是一种相对独立的权力,判文解释不属于司法解释,不具有司法解释的效力。现实生活中法官的能动性受到抑制,不少法官只是机械地适用法律,远不能适应千变万化的社会现实的司法需求,严格依法办事的结果与"民意"相背的情形难以避免。在现代社会中,如何吸纳民意已成为民众参与社会管理、参与司法和对司法实施监督的重要问题。应正确认识司法实践中运用判文解释的必然性及其与吸纳民意的内在关系;通过判文解释有效吸纳民意,化解司法和民意冲突,实现社会管理创新。
[Abstract]:In China, the power of judicial interpretation is a relatively independent power, which does not belong to judicial interpretation and does not have the effect of judicial interpretation. In real life, the active role of judges is restrained, many judges only apply the law mechanically, far from adapting to the judicial needs of the ever-changing social reality, and it is difficult to avoid the situation that the result of handling affairs strictly according to law is contrary to "public opinion". In modern society, how to absorb public opinion has become an important issue for people to participate in social management, to participate in the administration of justice and to supervise judicial implementation. It is necessary to correctly understand the inevitability of applying the interpretation of judgment in judicial practice and its internal relationship with the acceptance of public opinion, through which we can effectively absorb public opinion, resolve the conflict between judicature and public opinion, and realize the innovation of social management.
【作者单位】： 西南政法大学;
【分类号】：D926.2
[Abstract]:In China, the power of judicial interpretation is a relatively independent power, which does not belong to judicial interpretation and does not have the effect of judicial interpretation. In real life, the active role of judges is restrained, many judges only apply the law mechanically, far from adapting to the judicial needs of the ever-changing social reality, and it is difficult to avoid the situation that the result of handling affairs strictly according to law is contrary to "public opinion". In modern society, how to absorb public opinion has become an important issue for people to participate in social management, to participate in the administration of justice and to supervise judicial implementation. It is necessary to correctly understand the inevitability of applying the interpretation of judgment in judicial practice and its internal relationship with the acceptance of public opinion, through which we can effectively absorb public opinion, resolve the conflict between judicature and public opinion, and realize the innovation of social management.
【作者单位】： 西南政法大学;
【分类号】：D926.2
【参考文献】
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