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在司法能动理念下,司法判决在追求社会效果的过程中,存在将社会效果简单等同于社会评价的误区。其根本原因在于为追求社会效果而模糊甚至突破合法性底线,导致司法判决高期望与公信力差的悖论,以及损害法治权威与尊严等危害。基于法律方法论的视角,司法判决追求社会效果首先应站在维护法治权威与尊严的立场,恪守合法性的底线,通过法律方法追求司法判决的社会效果。
Under the concept of judicial motivation, judical judgments exist in the pursuit of social effects, there is the misunderstanding that social effects are simply equivalent to social assessment. The fundamental reason is to obscure and even break through the bottom line of legitimacy in pursuit of social effects, which leads to the paradox of high judicial hope and high credibility, as well as damaging the authority and dignity of the rule of law. Based on the perspective of legal methodology, the pursuit of social effects of judicial decisions should first of all stand at the authority and dignity of the rule of law, abide by the bottom line of legitimacy, and pursue the social effects of judicial decisions through legal means.