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法律方法是法律人特有的工作方式与作业技术,其发挥作用和司法权的具体行使密切结合在一起。法律方法不仅可以限制法官恣意的行为,而且对其司法权的行使也起着内在制约和监督作用。就司法监督而言,法律方法的内在制约机制能保障专业化的法律职业共同体的形成,并使其信仰法律用法律思考,从而使司法运作成为一种社会有益的活动而发挥作用。
The legal method is a combination of the working methods and operating techniques unique to the legal person, and their functions and the specific exercise of judicial power. The legal method can not only restrict the judge’s arbitrary behavior, but also plays the role of inner control and supervision over the exercise of judicial power. As far as judicial supervision is concerned, the inherent restraint mechanism of legal methods can guarantee the formation of a professional legal professional community and allow them to think lawfully and legally, so that judicial operation can become a socially beneficial activity and play its role.