法律解释视角下的“电脑量刑”

The Opinion to Trial by Computer Under the Perspective of Legal Interpretation

电脑量刑之类的思想很早就有了,限制法官的法律解释活动和视司法为机械的操作活动的思想曾经在西方历史上很盛行,但这种思想最终被证明违反了法律解释原理。根据法律解释原理,司法活动是法官对法律的理解、解释和应用过程,电脑量刑是对这一原理的违背。电脑量刑在我国出现具有其特定的原因,推行下去会对司法活动产生不良的影响。除去对电脑等现代科技的迷信,我们可以利用它们为法官在司法活动中的法律解释服务。

Trial by computer and all that thoughts have emerged long ago, the thought to restrain judge＇s legal interpretation action and regarding judicature as automatically operation had prevailed in the occident history, but this kind of thought is proved violating the principle of legal interpretation. According to the principle of legal interpretation, judicature is the course that judge understands, interprets and applies the law, but trial by computer violates this principle. Trial by computer happens in our country has its particular reasons, and it will bring ill effect to judicature if trial by computer is put into practice. Excluding the superstition to computer and all that modern science and technology, we can make use of them to serve for judge＇ s legal interpretation in the course of judicature.