说理的司法及其完善

司法审判要说理,这既是法律正义的要求,也是司法信任的体现,更是取得司法认同的基础,司法行为之合理性尽在其中。但要做到司法说理,从人类自身的角度来看就是要完善法官的基本素养,而在机制上则可以改善目前的法学教育模式、建立判例学习制度。

The Reasonable Justice and Its Perfection

The justice and trial should reason. This is not only the request of law's justice, but also the embodiment of the judicial trust, is also a foundation that obtains the judicial approbation. The rationality of the judicial behavior is all on the inside. But to attain the judicatory reason, from the angle of mankind's oneself is to perfect judge's basic attainment, but on the mechanism is to improve the current teaching mode of the law, establish judge and study system.