法官应该是司法能动主义者——从李慧娟事件说起

李慧娟事件引发了学界不少的争论,引起了人们对于中国法官功能角色定位的思考。在比较法学以及价值层面上,法官应该成为一个能动主义者。为了避免在司法能动的过程中可能出现的弊端,应该通过"程序主义的司法能动范式"加以制约和保障。

Judge's Activist Function in Adjudication:Based on the Event of Li Hui-juan

As of much has been debated on the event of Li Hui-juan among academics,which has raised a question for us:How far a judge can go in playing his/her role in adjudication? From the perspective of comparative jurisprudence,a judge should serve as an activist. To avert the risk of judges’ abuse of their power,a "due-procedure judicial activism paradigm" should be adopted so as to render appropriate regulation as well as protection.