越轨社会学视角下的审判行为瑕疵控制机制及其运行机理

On the Control Mechanism of the Flaw of Juridical Action and Its Operation Mechanism from the Point of Deviance Sociology

从越轨社会学的视角来看,审判行为瑕疵即指法官在审判中实施的越轨行为,其控制机制不外乎制裁、奖励和内化三种类型。然而,这三者皆有局限性,在实践中须相互补充、共同作用才能有效发挥对审判行为瑕疵的控制功能。

From the point of deviance sociology, the flaw of juridical action is that the judge actualizes the deviance actions during the adjudgement.Its control mechanism is nothing more than sanction, hortation and internalization.However,these three ways have their limitations.They must replenish each other and affect each other in practice so that they can effectively play a part in controlling the flaw of juridical action.