判决的整体性:科学发展观的应用

The Integrality of Judgment: Application of Scientific Outlook on Development

司法审判是一项合理化的事业,而在这种合理化事业中往往体现了一种整体主义的思想进路,这种整体性进路是对法律机械主义和形式主义的克服,是在法条之外谋求司法合理性的重要方式。司法判决的整体性既体现在古代中国的判决书当中,也表达在美国司法审判当中,而当代中国在司法中贯彻科学发展观的理念也是一种整体主义的重要体现,是进一步谋求司法合理化的手段,并有助于提升判决书的质量。

Judicial adjudication is a rational cause and often embodies the holism idea approach in this kind of undertaking.This holistic approach is the overcome with the legal mechanism and formalism, and an important way to seek judicial rationality outside the law article. Integrity of judicial adjudication is embodied not only in the written judgment of ancient China, also expressed in judicial adjudication in the United States. Similarly, The Scientific Outlook on Development which is implemented in the judiciary of contemporary China can also be deemed as an important embodiment of the holism,furthermore, the means to seek the judicial rationality and help to improve the quality of the written judgment.