我国实行依法治国,建设社会主义法治国家,这要求法官在履行职责过程中以事实为根据、以法律为准绳,唯法至上,公正无私,但社会生活千变万化,法律文本又存在不确定性、滞后性、不周延性等缺陷,这就要求法官履职时在法治前提下对法律加以灵活运用,对社会风俗习惯予以认可,以常情常理度世人世事。 In our country, the rule of law and the building of a socialist country governed by law require judges to be based on facts in the process of carrying out their duties and based on law. Only the supremacy of the law, impartiality and impartiality, but the ever-changing social life, legal texts are subject to uncertainty and lagging behind Sexuality and indecisiveness, which require judges to flexibly apply the law under the premise of the rule of law, to recognize the social customs and practices, and to rule the world by common sense.