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法院的判决宣示着法的精神,引导着民众的行为。诉诸于法院各种诉讼请求,即是将各种矛盾呈现在法官面前。法官必须判断何种诉求为正当,只有当案件事实符合法律规范的构成要件,且案件事实中蕴涵的法律价值和所适用的法律规范的价值取向相一致时,才可以依据该法律规范对案件事实作出判决。法官在运用国家的制定法以回应民众的要求时,将一些明显不当的有违民意的规定加以过滤,能动地对制定法加以填充修正。刘荣军教授亦言:“处于社会与国家立法机关之间的司法,应当以并不完整的法律作为基本的支撑,寻找制定法之外的法源,将社会的正义、公平的观念和价值导入司法程序之中,创造出能够解压、还原法律本意的规则,以作为裁判的依据。”
The court’s judgment declares the spirit of the law and guides people’s behavior. Appeals to a variety of court litigation request, that is, all kinds of conflicts presented before the judge. Judges must judge what kind of appeal is justified. Only when the facts of the case are in conformity with the elements of legal norms and the legal values contained in the facts of the case are in conformity with the values of the applicable legal norms, can the judge, according to the legal norms, Make a decision. When judges apply national statutes to respond to popular demands, some obviously unfair rules against public opinion are filtered out and the statutory amendments can be dynamically amended. Professor Liu Rongjun also said: “Judicature, which is located between the social and state legislatures, should be based on incomplete laws as the basic support to look for source of law other than statutory law and make justice and fair values and values of society Into the judicial process, to create a code that can extract and restore the original intention of the law, as the basis for the referee. ”