现代国家或真或假均以“法治国”自我标榜。“依（以）法治国”已成为现代国家的基本管理手段或努力的目标。法治的实现依赖于立法、执法、司法及守法诸环节的良好运行。本文试图对立法精神和法律原则在司法中的作用及司法应采取的原则加以探讨，以找出一条能适应中国发展趋向 In modern countries, both true or false self-proclaimed themselves as “the country ruled by law.” “According to (by) the rule of law” has become the basic management means of modern countries or efforts. The realization of the rule of law relies on the good operation of the legislative, law enforcement, judicial and law-abiding sectors. This article attempts to discuss the role of the legislative spirit and legal principles in the judiciary and the principles that should be adopted by the judiciary in order to find out a way to adapt to China’s development trend