“两个效果统一”论在审理新类型案件中的运用

“两个效果统一”不仅成为法官审理新类型案件的要求和考虑因素，而且成为社会各方面评判案件质量的“度量衡”，但存在不同认识。审理新类型案件运用“两个效果统一”论的法理基础是法社会学和利益法学，主要是为了解决法律与社会现实相脱节的问题，其评判行为是多元的。审理新类型案件要实现“两个效果的统一”，应当强化政治意识、制定司法政策进行指引、增强案件审理的透明性与正面效应、加大调解协调力度、正确运用法律方法进行自由裁量、正视司法的“有限性”并借助多元力量。

The Application of "the Unity of Two Effects" to Judge New Type Cases

＂The unity of two effects＂ is not only the requirements and considerations of the new type cases for a judge, but also becomes the ＂weights and measures＂ with that all aspects of society judge the quality of the case, while there are different understandings about it. The legal basis of ＂the unity of two effects ＂ by which a judge heards the new types of cases is the sociology of law and the interests of law, which addresses mainly the legal and social gap between reality, the judge＇sacts are diverse. In order to achieve ＂unity of two effects＂ to jndge new type cases,we should strengthen political awareness, develop policy guidelines for the administration of justice, enhance the transparency of the case and the positive effect and increase coordination of efforts of conciliation, use legal methods of solution of discretion, face up the justice of the ＂limited nature＂ and tap into multi-force.