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基于法社会学的角度,法院的权力取决于其所作出的裁判能在多大程度上赢得认同。从理论上讲,法院的裁判宜从总体上权衡多个阶层之间的利害得失,实现多边认同,真正建立起司法积极主义的立场。同时,这一立场还可以获得历时性的经验证成,也具有恰当地推动纠纷解决的现实意义。
From the perspective of sociology of law, the power of the court depends on the extent to which the judgments it makes can win recognition. In theory, courts’ referees should generally weigh the gains and losses of various stratums, achieve multilateral recognition and really establish the position of judicial activism. At the same time, this position can also be diachronic experience has proven, but also has the practical significance of promoting dispute resolution.