论文部分内容阅读
张剑案的标志意义在于判决所彰显的司法理念,这种理念以私权尊重的新内涵改写了公权优位的传统司法进路,向人们释放着私权成长的良性信息。本案判决实质是在传媒舆论压力下,对权力与权利的关系进行综合权衡的产物,体现了一种中庸司法哲学。这种司法哲学几乎成为当下中国司法的普遍表述,从而制约着私权的成长。
The significance of the sign of Zhang Jian case lies in the judiciary concept which is manifested in the judgment. This concept rewrites the traditional judicial approach of superiority of public rights with new connotation of private rights respect and releases the benign information of the growth of private rights to people. The decision of this case is the product of a comprehensive trade-off between the power and the rights under the pressure of the media, which reflects a moderation judicial philosophy. This kind of judicial philosophy has almost become the common expression of contemporary Chinese judiciary, which restricts the growth of private rights.