法治被设定为治国理政的基本方式后,主导司法工作60年的大局思维,必然遭遇法治思维的冲撞和挑战。法治思维与大局思维具有迥异的评价向度,可从权力与权利、意志与规则、经验与规范、工具与目的等四对表征,透视二者的对立与冲突。以法治思维框正司法工作的大局思维,需从讲政治转向讲法治,重新界定大局之局;从讲结果转向讲法律,再次认识法治之法;从讲配合转向讲制约,持续调整司法与其他权力的关系。 After the rule of law has been set as the basic mode of governing the country and governing politics, the thinking of the overall situation that has led the judiciary for 60 years inevitably encounters the collision and challenge of the thinking of the rule of law. The thinking of the rule of law and the thinking of the overall situation have different degrees of evaluation. From the four pairs of representations of power and rights, volition and rules, experience and norms, tools and purposes, we can see the confrontation and conflict between the two. From the perspective of the result toward the law and the law of the rule of law once again, we should shift our focus from the co-operation and orientation to the covenant to the continuous adjustment of the judiciary and the other Power relations.