"政治效果"的法理学分析

"政治效果"具有独立性价值,其源于法律与政治关系的传统法学理论,是法本质的内在要求,并服务于政治文明,脱胎于"社会效果",成为进行个案利益衡量并影响法官心证的新增因素."政治效果"论与法的价值理论在终极关怀上具有一致性.法的正义、秩序和效率价值与政治统治的内在逻辑是一致的,与政权建设的需求是吻合的.正是这种同质性,法的运行才完全没有必要也无法排斥政治因素,因而从某种程度上说,对"政治效果"的尊重也必然就是对法律信仰的坚持.

A Jurisprudential Study of "Political Effect"

As a new subject coming out of the relationship between law and politics,"political effect" has its own independent jurisprudential value: serving political civilization as the requirement of the nature of law;weighing interests and working on a judge's mental impression in a particular trial as a new element born out of "social effect".Since "political effect" is identical with the ultimate concern of the value of law on the one hand,law justice,order,and efficiency are logically consistent with the establishment and ruling of a regime on the other hand,the operation of law ought not to and could not keep itself away from political elements.In a sense,it is safe to say that to respect "political effect" means to keep faith to law.