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党的十八大报告提出了“科学立法、严格执法、公正司法、全民守法”的十六字方针,其中,公正司法既是法治的组成部分和基本内容,也是法律精神的内在要求。但是,公正司法不可能一蹴而就,笔者认为,在实现公正司法的诸多途径中,司法行为合理化应当成为提升公正司法能力水平不容忽视的重要支点。因为法治国家的实质标志是依据法治精神而形成的涉及重大关系的理性化制度得以运行,而法律实施的过程则是确保正义法律制度得以实现的关键环节。可以说,司法行为是司法的核心和中轴,司法行为的合理化程度不仅关系到法律功能的充分发挥,而且直接影响法治建设的实现程度。
The report of the 18th CPC National Congress put forward the 16-point guideline of “scientific legislation, strict law enforcement, fair judicature and law-abiding citizenship”, of which the justice of justice is both an integral part and the basic content of the rule of law as well as an inherent requirement of the legal spirit. However, fair justice can not be accomplished in one go. In my opinion, in many ways to achieve fair justice, the rationalization of judicial acts should become an important fulcrum that can not be ignored in order to enhance the fair judicial capacity. Because the real symbol of a country under the rule of law is that the rationalized system involving major relations formed in accordance with the spirit of the rule of law runs, and the process of law enforcement is a key link in ensuring that a just legal system can be realized. It can be said that judicial acts are the core and center of justice. The rationalization of judicial acts not only affects the full exertion of legal functions, but also directly affects the realization of the construction of the rule of law.