法官始终面临双重任务:作出最佳判决并表明该判决乃“根据法律”作出。这对法官提出了极大的挑战。为了确保判决具有正当性,法官会采取“两张皮”说理型、适度说理型或竭力说理型策略,但这些策略非必然有助于法官达到目的,还可能适得其反。此时,法官陷于说理的困境。这是法官的难题,也是“法治”的难题。 Judges always face the dual task of making the best judgment and showing that the sentence is “made by law”. This poses a great challenge to the judge. In order to ensure that the judgments are justified, the judge will adopt a “two-tiered” rationale, a moderate justification or a best-effort justification strategy. However, these tactics do not necessarily help the judge to achieve his goal, and may even be counterproductive. At this point, the judge caught in the plight of reasoning. This is a judge’s problem, but also “the rule of law” problem.