司法是适用法律的活动,其运作前提至少有三:其一是呈现于法官眼前的案件事实,其二是衡量是非曲直的法律,其三是将前二者结合在一起并作出裁决的法官。面对案件事实,法官依据立法者事先制定的法律,经过一系列程序性的活动,最终获得一个结论,简而言之,这就是完整的司法过程。如果,诚如19世纪德国“概念法学”家伯格博姆(Karl Bergbohm)所言:“法律将是一个永无漏洞的完美存有者……它永不需要由外部引入任何东西来补充之,因为它永远是完满的。”则司法将是一个封闭的过程,只要 Judicial activities are the activities that apply to law. There are at least three prerequisites for their operation: one is the facts of the case presented to the judge, the other is a measure of merits and the other is a judge who combines the two before making a decision. Faced with the facts of the case, the judge finally came to a conclusion based on the law enacted by legislators in advance and through a series of procedural activities. In short, this is the complete judicial process. If, as 19th-century German law professor Karl Bergbohm put it: “The law will be a perpetually impermeable perfect depository ... it never needs to be imported from the outside Because it will always be perfect. ”Justice then will be a closed process as long as