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不管是遵从法条主义,或者是能动主义。法官在审判活动中都从事着法律原则的司法适用。我国正处于社会转型时期,不断涌现出新的权利诉求与利益诉求,就使得法官经常处于形式正义与实质正义的矛盾关系之中。法官要面对法律的稳定性(安定性)和社会的变动性之间的牟盾,这在很大程度上导致了法官在法律原则的司法适用中承受着较大的压力。同时,法律原则在司法适用的过程里有不合时宜的部分,也一定程度上违背理论。通常法官一般不会对适用法律原则有着较深的理论研究,往往是学界的观点左右了法官在司法实践活动中的方向。
Whether it is law-abiding, or activism. Judges are involved in judicial activities in the judicial application of the principle of law. As China is in the period of social transformation, new demands for rights and interests are constantly emerging, making judges often in the contradiction between formal justice and substantive justice. Judges have to face the barrier between the stability of the law (stability) and the change of society, which has largely caused the judges to bear greater pressure on the judicial application of the principle of law. At the same time, the principle of law has an anachronistic part in the process of judicial application and to a certain extent violates the theory. Generally, judges generally do not have deep theoretical research on the principles of applicable law, and often the views of academics have influenced the direction of judges in judicial practice.