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在一般案件中,法官只需亦只应该追求审判的法律效果,由此方能达成法治,获得良好的社会效果。面对不应该亦无法单纯追求法律效果的疑难案件,法官则应注重考量不同选择的社会效果。法律效果是指严格依据程序法与实体法进行审判。法律是一种激励机制,审判所应追求的社会效果绝非指个案效果,而是普遍的、一般性的社会效果。也就是判决所最终确定的规则对社会成员未来行为提供的激励。其效果的获得最终需借助于社会科学理论,而非道德哲学。良好的司法理念需要良好的制度来培育,法官追求什么主要取决于其面对的激励。
In normal cases, the judge only needs to pursue the legal effect of the trial, so that the rule of law can be reached and a good social effect can be obtained. Faced with difficult cases that should not and can not simply pursue legal effects, judges should pay attention to considering the social effects of different options. Legal effect refers to the strict accordance with procedural law and substantive law. Law is a kind of incentive mechanism. The social effect that the trial should pursue is not the case effect, but the general and general social effect. That is to say, the final rule is to provide the incentive for the future behavior of members of society. The ultimate result of its effectiveness depends on the theory of social science, not moral philosophy. Good judiciary needs a good system to nurture, what the judge pursues depends mainly on the incentives it faces.