论文部分内容阅读
司法制度的状况与法治的实现,往往有着直接的关系。一般认为,西方发达国家的法治化程度已达到相当高的水平,即公共权力机关在一个以民意为基础的宪法规范之下行使职权,诸种纠纷均能在一个即法之下,由一个具有很强独立性的法院加以客观地调节与裁判。所以,在考察西方国家的政治制度时,其司法制度尤其是其司法制度的性质与功能不能不为我们所重点关注。
The status of the judicial system and the realization of the rule of law often have a direct relationship. It is generally believed that the degree of the rule of law in the developed western countries has reached a fairly high level. That is, the public authority exercises its powers under a constitutional code based on the public opinion. All kinds of disputes can be under a single law, Strongly independent court to be objectively adjusted and referee. Therefore, when examining the political system of the western countries, its judicial system, especially the nature and function of its judicial system, can not but focus our attention.