法官个人因素对法律运行不确定性的影响

法律运行的不确定性受诸多因素影响,其中法官个人因素从法律角度、法官自身角度、生活角度广泛并深刻影响着法官的心理过程、实践过程,这种影响对法律运行有其积极贡献,但其消极作用不可忽视,制度上既要激励也要抑制这种影响。

Impact of Judges on Uncertainties of Operation of Law

Uncertainties of operation of law is affected by many factors,among which is the individual judge. From the angle of law,the judge per se,and his/her private life,we can see that a judge’s psychology and practice may be comprehensively and deeply influenced by his/her individual factors. Such an influence plays a positive role in the operation of law,but its negative effect can never be ignored. Therefore,this impact needs to be constrained while it is enhanced by way of establishing an appropriate institution.