“司法超前”现象之所以特别引人注目,因为其实质是司法越权。司法越权如今在我国已表现得相当突出,主要表现为两种形式:其一是司法行为越入立法领域,即司法机关无立法根据地自创法律规范,或者径直对已有立法的内容作实质性的变更和补充,使立法的原有规定在实际司法活动中丧失适用效力,或被变通执行。这种现象的要害在于,司法者事实上是在执行自己制定的“法律”,从而使立法与司法的主体合二为一, The reason that “judicial advancement” is particularly noticeable is that its essence is judicial ultra vires. Judicial ultra vires now stand out quite prominently in our country, mainly in two forms: one is that the judicial act goes into the field of legislation, that is, the judiciary has no legal norms for establishing its own law base or directly makes substantive The original provisions of the legislation in the actual judicial activity loses its effectiveness or be modified implementation. The crux of this phenomenon lies in the fact that the judiciary is actually implementing the “law” formulated by itself so that the main body of legislation and judicature are combined,