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司法平等原则拥有悠久的历史。在其漫长的历史发展的进程中,虽然司法平等原则获得了众多学者的青睐,但是也不缺乏对其进行质疑的学者。本文试图在总结质疑学说的基础上,对各种质疑进行批判,以证成司法平等原则研究的意义。与此同时,立足于法律自身所拥有的特性,揭示司法平等原则的特性,并分析司法平等原则在实践过程中的具体方法论要求,以及经由此种分析所获得的启示。
The principle of equal justice has a long history. In the course of its long historical development, although the principle of equality of justice has won the favor of many scholars, there is no shortage of scholars who question it. This article attempts to criticize all kinds of questions on the basis of summing up the theory of questioning in order to prove the significance of the study on the principle of equality of justice. At the same time, based on the characteristics owned by the law itself, this paper reveals the characteristics of the principle of judicial equality and analyzes the specific methodological requirements of the principle of judicial equality in practice and the enlightenment obtained through such analysis.