系统自治源于德国法学家卢曼的社会系统分化理论,指的是系统在没有外界的指示、命令和干预下,通过自身的微观运行机制实现预定功能的现象。司法可以视为一个起于诉争、止于终审判决作出的自治性系统。这个系统具有独立性、封闭性和自组织性的特点,能够按照法律设定的程序规则自我约束主体、自我治理行为、自主裁断纠纷、自我纠正偏差, System autonomy originated from German social scientist Luhmann’s theory of social system differentiation, which refers to the phenomenon that the system realizes the predetermined function through its own microscopic operating mechanism without any instruction, intervention and instruction from the outside world. Justice can be viewed as a system of autonomy that begins with the prosecution and ends with the final judgment. The system is independent, closed and self-organizing characteristics, according to the rules of procedure set by law self-restraint of the main body, self-governing behavior, self-determination of disputes, self-correcting bias,