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中国司法制度由多方面的因素决定,其中社会主义的民主观和正义观尤为重要。社会主义民主的人民专政原则决定了中国司法的本质与使命,使司法成为实现政治目标的工具民主集中的原则应用到司法领域导致司法从产生到责任承担在整个国家的政治结构中的依附地位和法院内部组织的官僚化;大众化制约了法院的审判程序和工作作风,甚至导致极端的程序虚无主义。这些影响有其特定的历史环境。时过境迁,现在理当反思改革。对于时下的司法改革来说,以下几组关系需要重新认识:政治正确与程序正义;平等与职业化;民主责任与司法独立;民意与合法。只有从根本的观念和体制上进行变革,司法公正才是可以期望的目标。
Judicial system in China is determined by many factors, of which the socialist concept of democracy and justice are particularly important. The principle of the people’s dictatorship of socialist democracy determines the essence and mission of the Chinese judiciary and the principle that the judiciary becomes the tool for the realization of the political goals is applied to the field of the judiciary and led to the dependent status of the judiciary from its birth to its responsibility in the political structure of the entire country. The internal organization of the court is bureaucratized. The popularization has restricted the court’s trial procedure and work style, and even led to the extreme procedural nihilism. These influences have their own specific historical environment. The passage of time, it is time to reflect on reform. For the current judicial reform, the following groups of relations need to be re-recognized: political correctness and procedural justice; equality and professionalism; democratic responsibility and judicial independence; public opinion and lawfulness. Only by making changes from the fundamental concepts and systems, justice can be the target that can be expected.