求翻译了,法律英语

法官应该严格依法办事,但这并不等于处处惟条文是举。立法者心中的法律和法官嘴里的法律是有区别的,但是他们又是相互联系的。所有的立法者在制定法律时都有自己的目的。其本意是为了让广大民众在法律的规则下进行活动。但是社会瞬息万变,法律作为一般规则,很难在纷繁复杂的情况下做到完全公平。这便需要“具体情况具体对待”,由审判者在实践过程中、在一般法律规定之下、在一定范围内,对案件进行灵活的处理,从而保护当事人的合法利益,维护法律之公正。如果立法者不知立法目的何在,我们则会说他是非理性的。同样,法官作为审判者,如果只是按部就班,仅仅作为法律的“喉舌”,我们也会说其是非理性的。因为如果只是根据法律条文,“不同情况同样对待”,则势必产生许多的不公平,这便难以达到法律的本质要求--公平与正义。我们提倡“依法治国”,并不是简单而机械地依照法律判决与裁量。而是要求司法者在一定法律规则下,进行独立审判,运用自己的知识与判断力进行一定范围内的自由裁量。只有这样,我们国家才能真正建设成为社会主义法治国家。

Judges should be strictly according to the law, but this does not mean everything should be abided to the regulation. There are difference and connection between the law of the legislator and the law in the mouth of the judge. All legislators have their own purposes in making laws. Its intention is to allow the general public to carry out activities in the rules of the law . But the social changes frequiently .It is difficult to achieve complete justice in the complex situation because the law is a general rule . This would require "specific treatment", which means to judge flexiblely under the provisions of general law, in a certain range in the process of practice.so as to protect the litigant legitimate interests and maintain the justice of law. If legislators do not know what the purpose of legislation is, we will say that he is not rational. Similarly, judges as the adjudicators, if only make decisions step by step, only act as the "mouthpiece" of the law, we will say it is irrational. Because if only according to the provisions of the law, "the same treatment in different situations", it is bound to produce a lot of inequality, which is difficult to achieve the essential requirements of the law - equity and justice. The suggestion— "rule under the law in governing the country" we advocated is not simply and mechanically in accordance with the law and discretion. It is to require the judiciary in a certain legal rules, the use of their own knowledge and discretion in a certain range of discretion. Only in this way can we really build a socialist country under the rule of law.
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