按照法律权威原则,政策考量应在法律适用的各种方法中排在最后,因为政策考量赋予法官的自由裁量权很大,甚至不顾法律规范而直接裁判。这样的现象在秉承大陆法系传统的我国似乎不可接受。但是,政策考量在司法实践中确实存在,这说明政策考量有其存在的合理性,其在司法实践中也发挥了积极作用。然而我们必须认识到,政策考量本身的缺陷也是十分明显的,即法官可能过分地以政策考量为借口而不断突破法律规范的限制,最终走向司法擅断主义。这就要求我们采取一些措施防止政策考量被滥用。我们既要通过政策考量防止规则异化,同样要防止政策考量本身被异化。 In accordance with the principle of legal authority, policy considerations should come to the conclusion of the various methods applicable to law because the policy considerations give the judges a great deal of discretion, even without regard to legal norms. It seems unacceptable for such a phenomenon to uphold the tradition of civil law. However, the policy considerations do exist in the judicial practice, which shows that the policy considerations have their existence rationality, and they also play an active role in the judicial practice. However, we must realize that the flaws of the policy consideration itself are also obvious. That is, judges may break through the limit of legal norms excessively by the policy considerations and eventually go to judicial punishments. This requires us to take some measures to prevent policy considerations from being abused. We must prevent alienation of rules through policy considerations, and we must also prevent alienation of policy considerations.