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出于实现和提升司法公信力,刑事案件中法官的价值判断不可或缺。刑事案件中法官的价值判断具有主客观相统一和情理化特征,其既受到社会政治、经济、文化发展的宏观制约,也受到法官个人因素的微观制约,但其最终具有引导司法推理、促进个案事实认定和强化独立审判的现实功能。刑事案件中法官的价值判断以自由裁量为发生空间,以常识、常理、常情化为实际体现。而在自由裁量的有限空间中,刑事案件中法官的价值判断应受到相关规则的制约,以使之得到合理有度的运用。
In order to realize and enhance the credibility of the judiciary, the value judgment of judges in criminal cases is indispensable. Judge’s judgments of value in criminal cases have the characteristics of subjectivity, objectivity and objectivity, which are not only subject to macro-control of social, political, economic and cultural development but also subject to the micro-restriction of judges’ personal factors. However, they ultimately have the ability of leading judicial reasoning and promoting cases Determine and strengthen the factual function of independent trial. In the criminal case, the judge’s value judgments take the discretion as the space to take the common sense, the common sense, the common sense as the actual embodiment. However, in the limited space of discretion, the judgments of judges in criminal cases should be restricted by the relevant rules so that they can be rationally used.