论法官与法律的关系——并及法律的未来

On the Relationship between the Judge and the Law

应该说,法官与法律的关系是以司法为视角进行法学研究时所应当关注的核心问题之一。本文在对已有相关理论进行评析的基础上得出了以下两个基本结论:其一,理想的法官与法律的关系应当是:法官乃法律的有限诠释者;其二,为了更好地保证法官与法律之间的这种理性互动关系,应当创制原则性法律。

The relationship between the judge and the law is one of key issues of jurisprudence from the juridical perspective. Based on the appraisals and analyses of related theories, this paper comes to two conclusions. First, the ideal relationship between the judge and the law should be that the judge is a limited interpreter of laws. Second, it is essential to make the principal law so as to better guarantee the rational interactive relationship between the judge and the law.