一、从司法权合法性起源理解看协商性司法的本质源于契约精神,是新的社会形式下国家与个人间权力资源的重新配置。具体体现为,公民将由国家垄断的解决刑事纠纷的权力部分索回,正如基于集权等统治需要国家将弹劾式诉讼转为纠问制诉讼模式一样,在 First, from the understanding of the origin of the legitimacy of judicial power to see the essence of the consultative Judiciary from the spirit of the contract, is the re-allocation of power resources between countries and individuals under the new social form. Specifically, citizens will be part of the state monopoly power to resolve criminal disputes back, just as the centralized rule of governance requires the state will impeachment litigation into litigation mode litigation, as in the system of litigation