众所周知,自近代以来,司法是国家职能的重要组成部分。尽管在黑格尔的理念中,司法是居于国家与社会之间的一种力量,是国家与社会的调节通道,但近代以来国家组织建构的现实却把司法置于国家机构之中,是国家力量不可或缺的组成部分。立法权、司法权和行政权的分立制衡成为权力划分的基本事实,三 As is known to all, since the modern era, the judiciary has been an important part of the state’s functions. Although Hegel’s philosophy is that justice is a force between the state and society and a channel of regulation between the state and society, the reality of state organization in modern times places the judiciary in the state institutions and the state An integral part of strength. The legislative balance, judicial power and executive power of the separation of checks and balances become the basic fact of the division of power, three