In the context of the rule of law,which seeks the organic unity of legal and social effects,the traditional paradigm that focuses solely on resolving individual disputes is no longer ade-quate to depict the overall function of judicial adjudication.To optimize its effects,judicial adjudica-tion must also play a unique role in shaping public policy beyond individual case.In terms of possi-bilities,the realization of this function hinges on three basic conditions:the publicity for the public at large,the authority to impact the public at large broadly,and the normativity to guide the public at large.The expansion of the function of judicial adjudication is not blind,and it reflects a comprehen-sive consideration of both passive and active factors within the context of the interaction between judi-cial adjudication and society.To prevent the negative consequences of justice imbalance and lawless judging,it is essential to establish proper methodological frameworks.This will provide correct guid-ance and reasonable constraints for judges.From a procedural perspective,the method of shaping public policy through judicial adjudication involves three elements:public policy prediction,public policy selection,and public policy legalization.
Judicial AdjudicationShaping of Public PolicyAnalysis of ConditionsInterpre-tation of ReasonablenessConstruction of Method
NETL
NSTL
万方数据
