宋圭武观点100:良心与法律条文要有效互补
良心与法律条文要有效互补。法律条文不可能穷尽所有情况。因为现实世界是复杂的,各种可能性都有,各种情况都有可能发生,对于法律条文没有涉及到的空间,则需要良心出场弥补。良心是法律条文的矫正器。
不要以为只要依据法律条文判案就符合正义原则。因为没有良心的法官,会利用法律条文死框架的不足为自己谋取私利,或释放自己的恶。同时,一些愚蠢的法官可能会对法律条文进行教条式解读并依据教条式解读进行教条式判案。
良心是社会的一种普遍性存在。虽然个体在涉及自身利益时,其判断或观点不一定能坚持好良心原则,但在不涉及自身利益的情况下,其判断和观点还是能较多坚持良心原则的。在这种情况下,对于一些法官的判案,也需要社会舆论的监督。同时,还应有一个舆论压力的传导机制或制度设计,要把社会舆论的监督作用切实落实到具体案件的审理和冤假错案的纠正上。
过于繁琐细密的法律条文未必是好事,因为这会大大增加社会的立法成本和执法成本。
总之,法律条文只有和法官的良心实现有机结合,法律的正义性才能得到更好体现。这里我们要建设法治社会,既要完善法律,更要生长良心。法律和良心要有效互补。缺乏良心的社会,本质也缺乏法治。
好,谢谢,谢谢。
Song Gyu-Woo's Viewpoint 100: Conscience and legal provisions should be effectively complementary
Conscience and legal provisions should be effectively complementary.Legal provisions cannot be exhaustive.Because the real world is complex, there are all kinds of possibilities, all kinds of situations may occur, for the space not covered by the law, conscience needs to make up.Conscience is the corrector of legal provisions.Do not think that as long as the judgment is based on the provisions of the law, it is in line with the principle of justice.Because the judges without conscience will use the lack of legal provisions to seek personal gain for themselves, or release their evil.At the same time, some stupid judges may dogmatically interpret the provisions of the law and make dogmatic judgments based on the dogmatic interpretation.Conscience is a universal existence in society.Although individuals may not adhere to the principle of conscience when it comes to their own interests, their judgments or opinions can still more adhere to the principle of conscience when it does not involve their own interests.In this case, for some judges' judgments, the supervision of public opinion is also needed.At the same time, there should be a transmission mechanism or system design for the pressure of public opinion, so as to effectively implement the supervision function of public opinion into the trial of specific cases and the correction of wrongful cases. Too many detailed and exhaustive laws are not necessarily good, because it will greatly increase the cost of legislation and law enforcement. In a word, only when the laws and the conscience of judges are organically combined, can the justice of the law be better reflected.Here we want to build a society ruled by law, not only to improve the law, but also to grow conscience.Law and conscience should be effective and complementary.A society lacking conscience also lacks the rule of law in essence.OK, thank you, thank you.