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我们之所以判决正确,是因为我们享有终审权。——杰克逊大法官~([1])司法裁判是由法院依法做出的,对争议双方产生拘束力的裁判。这种裁判之所以对争议双方产生拘束力和强制力,在于司法具有权威性——一种使人信从的力量和威望。司法权威对于司法的良好运行至关重要,它既是司法权能够有效运行,并能发挥其应有作用的前提和基础,又是实现纠纷解决的有效性,降低纠纷解决成本的保证。而司法权威的树立很大程度上有赖于司法对争端的裁决具有终局性,即“法院对认为应由其管辖的所有司法性质的争议享有最终裁判权。”~([2])人类学的研究表明,人类自诞生以来就与各种冲突如影随形,而人类解决纠纷的途径包括忍
The reason we are right is because we have the power of final adjudication. - Judge Jackson ~ ([1]) Judicial judgments are judgments made by the courts in accordance with the law and binding on both parties to the dispute. The reason why such referees are binding and coercive on both sides of the dispute lies in the fact that the judiciary is authoritative - a force and prestige that leads people to believe. Judicial authority is crucial to the good operation of the judiciary. It is not only the prerequisite and foundation for the judicial power to operate effectively and play its due role, but also the guarantee of the effectiveness of dispute resolution and the reduction of the cost of dispute resolution. And the establishment of judicial authority relies heavily on the finality of judicial decisions on disputes, that is, “the courts have the ultimate jurisdiction over all the judicial issues that they think should be governed by their jurisdiction.” Studies have shown that human beings have been in conflict with various conflicts since their birth and that human beings have been able to resolve their disputes by including