个案公正是在尊崇理性形式法的前提下,按照公平、正义的基本理念对个案整体进行综合性价值考量,从而作出恰当性处理的司法过程。个案公正的实现依赖法官对个案正义问题的敏感度,也依赖于法官在制度框架内的勤勉程度。个案正义的实现需要司法精细化,而司法精细化需要法官能动地运用自由裁量。法官是戴枷的舞者,法官不能戴枷不舞。 Case justice is based on the rational form of the law, under the premise of fairness and justice in accordance with the basic concept of the overall case of a comprehensive consideration of the value, so as to make the appropriate process of judicial process. The justice of the case relies on the judge’s sensitivity to the issue of case justice, and also depends on the degree of diligence of the judge within the institutional framework. The realization of case justice needs the judicial refinement, and the judicial refinement requires the judges to exercise discretion. The judge is a flail dancer, and the judge can not wear flail or dance.