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明确中西司法制度的不同发展路径及其本质差异,重视我国司法制度的内源性动因和内生性发展的同时,也要看到西方司法制度及其演进实践中昭示和表现出一定的具有普遍性的规律,对于我国司法体制改革的科学和健康发展同样具有不可忽视的启发和借鉴,特别是对于理解和实施《三五改革纲要》具有积极意义和现实作用。这些启发至少有:司法理念是司法制度及其实践的重要指引、司法民主是司法权威和合法性的重要条件、司法效果是高度复合性质的司法实际结果、监督与自律都是不可或缺的司法质量的保障途径。要正确看待中西方司法制度及其实践的差异,而不应当将其截然对立起来。
It is necessary to clarify the different development paths and essential differences between the Chinese and the Western justice systems and attach importance to the intrinsic motivation and endogenous development of the judicial system in our country. At the same time, we must also see that the western judicial system and its evolutionary practice have shown and demonstrated a certain degree of universality The same holds true for the scientific and healthy development of the judicial system reform in our country. It also has positive and practical implications for understanding and implementing the “35 Outline for the Reform”. These enlightenments are at least as follows: Judicial concept is an important guideline to the judicial system and its practice. Judicial democracy is an important condition for the authority and legitimacy of the judiciary. Judicial effect is the actual result of highly complex judicial practice. Judicial and self-discipline are both indispensable judiciaries Quality assurance approach. The differences between the judicial system in the West and the West and their practice should be correctly viewed, and should not be diametrically opposed to each other.