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随着我国逐渐进入社会转型阶段,各种复杂矛盾大量引入司法裁判,原有的司法方法出现过硬等缺陷,导致司法应对社会矛盾纠纷失灵。对于以化解社会矛盾纠纷为主要职能的司法工作者而言,如何通过履行职能来满足人民群众的新要求、新期待,就成为了法治进程中需要思考的重大课题。笔者认为,我国司法应当从国情出发回应转型社会的矛盾纠纷,在法律的框架内,以公平正义为首要价值取向,强调司法的相融性与和谐性。
As our country gradually enters the stage of social transformation, a large number of complicated contradictions have introduced judicial adjudication and defects in the original judicial methods have led to the failure of judicial response to social conflicts. Judicial workers whose main function is to resolve social conflicts and disputes, how to meet the new requirements and new expectations of the masses by performing their functions has become an important issue that needs to be considered in the process of the rule of law. The author believes that our judiciary should start from the national conditions to respond to the contradictions and conflicts in the transitional society. Within the framework of the law, fairness and justice are the primary values and emphasize the compatibility and harmony of the judiciary.