国家法与民间法冲突下司法公信力研究——以法律效果与社会效果的统一为视角

The Judicial Credibility under the Conflict of State Law and Civil Law —— from the perspective of the unification of legal effects and social effects

国家法和民间法遭遇冲突的情况下,如果法官单纯依照法律规定作出判决,而惘顾民间法的存在,即使该判决符合法律规定,在国家制定法层面上是公正的,最终也未必能够得到人们的认可,未必是一个有公信力的判决。实现国家法与民间法的良性互动,在灵活中追求相对规范,在差异中寻求适度统一,在利益冲突中达到协调,使纠纷解决的社会效果和效益能够得到最大程度的实现,利于实现法律效果与社会效果的统一,真正提高司法公信力。

When state law and civil law encounter conflict, if the judge only makes judgement in accordance with the law, regardless of the existence of civil law, even if the judgement accords with the law, and is fair at the national level, it may be not a credible judgement to people finally. To achieve the virtuous interaction between national law and civil law, pursue relative standard in flexibility, search for unity in differences, reach co-ordination in conflicts, the social effects and the efficiency of dispute resolution can be realized in the greatest degree, and the credibility of the judiciary will be improved accordingly.