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法官与律师的信任危机和审辩冲突影响到法治中国的建设。借助于英国心理学家享利·泰弗尔(Henri Tajfel)的社会认同理论,以社会心理学的方法分析,可知法官群体与律师群体的群际冲突的根源在于对社会认同的追求。“社会范畴化”引发法官群体与律师群体的“官民”矛盾,群体间的比较夸大了各自之间的差异,“积极区分”导致群体间的敌意。消除群际冲突的根本路径是承认法律职业共同体的概念,并提高对法律职业共同体的认同度。
Judge and lawyer’s crisis of confidence and conflict of review affect the construction of law-based China. By means of the social identity theory of British psychologist Henri Tajfel and the analysis of social psychology, we can see that the root of the clash between judges and lawyers is the pursuit of social identity. “Social Categorization ” triggers the contradiction between the “officials and the civilians” of judges and lawyers groups. The comparison between the groups exaggerates the differences between them. “Positive discrimination ” leads to the hostility between the groups. The fundamental path to eliminate cyber conflict is to recognize the notion of a legal occupational community and increase its acceptance of the legal profession.