任何一项改革,都会触动既得利益,在方向不错的前提下,犹如逆水行舟,不进则退。科学评估现有改革的成就与不足,不难发现中国的司法改革,已经不得不寻求体制性的突破。这是因为:其一,以往的司法改革举措,虽取得了丰硕的成果,但很大程度上局限于司法系统本身,难以超脱现有司法体制的局限。时至今日,体制内的增量改革已越发接近自身功能的极限,能够修补的差不多都修补了,不能修补的问题多是体制性障碍,因而进入 Any reform will touch on vested interests. Under the premise of a good direction, it will be like a boat ride without progress. To scientifically assess the achievements and deficiencies of the existing reforms, it is not hard to find that China’s judicial reforms have already had to seek institutional breakthroughs. This is because: First, despite the fruitful achievements of previous judicial reform initiatives, the former measures were largely confined to the judicial system itself and were unable to transcend the limitations of the existing judicial system. Up to now, the incremental reform in the system has been approaching the limits of its own functions. Almost all of those that can be repaired have been repaired. Most of the problems that can not be repaired are institutional obstacles,