游伟立法与司法的差异性法官视角下的新刑事一体化——前沿论坛讲座第四讲（The difference between legislation and judicature new criminal integration under the judges perspective -- frontier BBS lecture 4）.doc

游伟立法与司法的差异性法官视角下的新刑事一体化——前沿论坛讲座第四讲（The difference between legislation and judicature new criminal integration under the judges perspective -- frontier BBS lecture 4） The study of static law into dynamic judicial process should be taken into consideration of many factors and its value. Is just like me in many years ago to Shanghai high court a masters program students lectures by up to an example, from Shanghai to Beijing, what is the straight line distance, how many kilometers of the whole trip, the plane how many kilometers per hour to drive, we can in theory (or even form a written specification) to calculate the need how long the flight from Shanghai to Beijing, such as thirty minutes to an hour. But as soon as the plane take off later, it is not a theory or specifications on the static, but dynamic activities, will encounter in the process of the aircrafts navigation flow factors, therefore, in the trip, it cant be a walk in a straight line, need to consider many factors, according to actual condition to time usually not as accurate as theoretical calculation or average. But, this time, we cant say the theory calculation is wrong, I want to, and the theoretical calculation is not wrong, but in the actual operation based on factors such as climate for proper adjustment is correct, because if we do not properly adjusted, finally reach the purpose instead, can appear even accidentally. This is static and dynamic difference: one is the design at the normative level, which is usually done in the state; The other, in practice, is judged by the circumstances of the various realities (and even the new ones). The normative design is a theoretical presupposition in the ideal state, which represents a value orientation and guidance. Judicial judgment is the realistic choice to weigh the actual interest activities, which represents the realization and implementation of the value. Therefore, in this sense, the static legislation and the dynamic judicature are not completely