司法改革背景下法官以案释法制度基本理论问题探究

Study on the Basic Theoretical Issues of the Judge's Interpretation of Law under the Background of Judicial Reform

党的十八届四中全会提出要建立法官以案释法制度,制度的具体建构须以其基本理论的明确为前提。法官以案释法是由法官实施的一种积极行为,属于广义上的法官职责范畴,是附条件的司法行为。能动司法、司法公信力及法治社会的发展是其建立的理论基础。法官以案释法制度的建立与实施有利于缓解因立案登记制致使案件量猛增的压力,助推庭审的流畅并提高司法裁判的可接受性,有助于"信访不信法"顽疾的缓和与化解。

The Fourth Plenary Session of the 18th CPC Central Committee proposed to establish a system of judicial interpretation according to case. But the specific construction of the system must be based on the clarity of its basic theory. Judicial interpretation based on law is a positive behavior by the judge. It belongs to judicial responsibility category in broad sense and is a conditional judicial action. Active judicial, judicial credibility and the development of the rule of law is the theoretical foundation of its establishment. The establishment and implementation of the Judicial Interpretation System is helpful to relieve the pressure of the case increase caused by the registration system, promote the smoothness of the trial and improve the acceptability of the judicial judgment, which will help to alleviate the ills of the petition letter.