论文部分内容阅读
目前我们的案例制度主要关注案例的法律内涵,强调的是如何统一司法尺度、提高司法效率等专业问题,受众也仅限于法律职业共同体,对于一些在法律适用上并无太多争议却具有重大社会意义的案例并未给予过多的重视。笔者认为,法律是社会管理最为有效的方法和手段,在民众法律意识相对不足、法律思维仍未普遍养成的今天,法院不能仅仅满足于从个案上解决纠纷,更应从社会管理的角度发挥
At present, our case system mainly focuses on the legal connotation of the cases, emphasizing on how to unify the judicial standards and enhance the judicial efficiency and other professional issues, and the audience is limited to the legal professional community. For some, there is not much controversy on the application of law but it has a significant social The significance of the case did not give too much attention. In the author’s opinion, the law is the most effective method and means of social management. Nowadays, when the people’s legal awareness is not enough and the legal thinking is not yet widely developed, the court can not just be satisfied with the solution of the dispute from the individual case, but should also play its role in social management