简论法官思维的多向度特征

On the Multi-dimensionality of Judges' Mode of Thinking

法官思维是一种实践理性式的思维,它以解决当下案件为己任,但同时又必须考虑法律、政策和社会秩序的要求;同时,它又受法官个性、经验等各方面的因素影响,这决定了它具有比较明显的多向度特征。法官思维的这一多向度特征有利于法律正义在个案中的实现,因此有必要加强对法官思维多向度属性的培养,以促进法律的意义和效果之间达致和谐。

Judges＇ mode of thinking is one of practical reasoning, which aims to resolve the cases on hand within the limits of law, rules and regulations, policy, and social order. On the other hand, it is also affected by various factors such as the judges＇ individuality and personal experiences. That is, the judges＇mode of thinking is characterized by its multi- dimensionality, which indeed is inductive to the realization of legal justice the administration of law. Therefore, it is necessary to emphasize the cultivation of judges＇multi-dimensional mode of thinking in order to harmonize the sense and effects of law.