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诸多因素造成当下司法中后果导向裁判理念的实践困境。后果导向裁判不是纯粹的利益评判,作为推理之前提的后果需要进行规范认定。后果导向裁判虽然以实质性的司法理念为指引,却不能直接从后果指向结论,必须诉诸法律解释的客观体系和形式,而其中的最大难题是解释的依据及其可操作性。后果导向法律解释的解释标准研究提供了解决难题的路径,该解释标准作为裁判的限度,区别于通常案件裁判中的演绎推理规则,并直接来源和适用于我国当下的法律解释实践。
Many factors lead to the practical predicament of the concept of consequence-oriented judge in the current judicial system. The consequence-oriented referee is not purely a judgment of interests, and as a consequence of the presumption of reasoning, it needs to be regulated. Although the result-oriented referee is guided by the substantive judicial concept, it can not directly point out the consequences from the conclusion, and must resort to the objective system and form of legal explanation. The most difficult problem is the basis for explanation and its operability. The study of the interpretation standard of consequence-oriented legal interpretation provides a solution to the difficult problem. The interpretation standard is different from the deduction rule in common case referee as the limit of referee, and is directly derived from and applicable to the current legal interpretation practice in our country.