刑事审判中法官以案释法义务的正当性基础

The Justification of the Duty of a Judge to Interpret the law in a Criminal Trial

2019年修订的《法官法》明确法官需要承担以案释法的义务,以此沟通刑事司法工作中诉讼参与人、社会大众及各级法院法律认识的统一。在该义务的履行中,法官应当以教化为目标,以公平为原则,彰显在法律适用中的审判和治理的社会"角色",既不能越位法律,但又要担当起"塑造法律"的重任,将法律的精神予以公知,以此达到司法者参与社会治理的价值。

The judges’ law amended in 2019 clearly stipulates that judges should assume the obligation to interpret the law by case, so as to communicate the unification of legal understanding among the litigants, the public and courts at all levels in the criminal justice work. In the performance of this obligation, the judge should take the education as the goal, take the fairness as the principle, manifest the social "role" of the trial and governance in the application of the law, not only can’t offside the law, but also should assume the important task of shaping the law, convey the spirit of the law to the public, so as to achieve the value of judicial participation in social governance.