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民意主义要求法官像民众那样思考,要善于体恤民意,因为法律是为国家统治阶级而服务的,在我国人民群众就是统治阶级,因此适用法律必须以民意为标准,而法意主义者却主张法官像精英法律人那样思考,视法意如圭臬,因为法治就是法官按照法律进行治理,于是这两种声音的激烈碰撞将法官带入了选择困境。法官应将法意作为判案的终极依据,但又应审慎地对待民意,惟有如此,才能更好的实现正义,造福民众。
Populism requires judges to think like the people, to be sympathetic to public opinion, because the law serves the ruling class of the country and the masses of the people are the ruling class in our country. Therefore, the applicable law must be based on the public opinion while the law-advocates advocate the judge Thinking like an elite lawyer is based on the idea that justice is the rule of law that judges governed by law, and the fierce collision of these two voices brings the judge into the dilemma of choice. Judges should regard French law as the ultimate basis for judgments, but they should treat public opinion with caution. Only in this way can justice be better realized for the benefit of the public.