规范分离与裁判接受

Specification Separation and Referee Acceptability

字面的法律,以规范的形式指导人们参与社会生活,以裁判的可接受性为背景,不同的个体因社会角色不同,对法律规范的理解和遵守殊异。裁判者和社会大众、裁判受众,对"同一行为规范"因角色差异在理解和遵守上出现区别,社会大众和裁判受众以其为行为规范,指导自己的行为;作为裁判者的法院和法官以其为裁判规范,指导裁判,此即规范分离。规范分离现象构成了司法裁判可接受性理论的现实依据和解释原因。规范分离现象在司法实践中因为法官的选择性传输而成为现实,同一规则在作为裁判规则时因附加了法官意志,出现与大众遵守的行为规则的实质差异。

Literal law guides people to participate in social life in the form of specification. In the background of referee acceptability, due to different social life, different individuals understand and comply with legal norms distinctly. The judge, the public and the referees differ in the understanding and complying with the ＂same conduct＂ due to different roles, the public and the referees guild their behavior in their conduct code ; As the judge, the court and the judge ,guide the judgment complying with above judge specification, namely specification separation; specification separation constitutes realistic basis and explanation reason of the acceptability reason of judicial judgment. In the judicial practice, specification separation becomes reality due to judge＇ s selective transmission, as the judge rules, due to additional judge will, the same rule appears substantive differences with conduct codes, which the public complies with.