司法审判的法社会学分析

An Analysis of the Trial in the Way of Sociology of Law

对司法审判进行法社会学分析的意义在于 :探析规范外因素在何种程度上能够发挥其影响审判的功效。本文从以下三方面进行分析 :当事人法外竞技的成因和形式 ;律师在诉讼外活动的角色定位以及法官枉法裁判的“三因”。前述分析对法律的制定、审判制度的改革应是有所裨益的。

In order to make it clearer for us that the factors except the norms on how to play their roles which has been effecting the results of the trial, we should analyze the different actions both inside and outside the court in the way of sociology of law. At present this is going to do this centering on the three sides: the cause of formation for some clients who have been engaged in the illegal athletics and their different manifestations; the appropriate action outside the court for the lawyers and the Three Causes for the judges who are making the judgment by perverting the law. The issue is of benefit to make laws and reform the judicial systems.