认为传统社会不存在职业法官阶层、法官勿须依律裁判是一种误读。传统法官的职业化、专业化对应于法官的层级,统一的中国与区域性多元文化的需求产生了中央法官与基层法官层级和职能的分化。对于他们而言,司法知识结构也表现出差异。中央法官体现出较高的法律专业化程度,基层法官则更关注地方性公共知识,而两者统一于经学的基本精神。经学知识以法的指导思想和法的基本原则的方式影响着司法,甚至直接成为司法裁判的依据,从这种意义而言,法律是传统法官最核心的司法知识,传统法官是一贯秉承法的基本精神的。 In the traditional society, there is no class of professional judges. Judges do not need to judge according to law. The professionalization and specialization of traditional judges correspond to the levels of judges. The demand of a unified China and regional multiculturalism leads to the differentiation of the hierarchy and functions of judges and grassroots judges. For them, the structure of judicial knowledge also shows a difference. The central judge shows a higher degree of legal specialization. The grass-roots judges pay more attention to the local public knowledge, and both are united in the basic spirit of classics. In such a sense, the law is the core judicial knowledge of the traditional judge, and the traditional judge consistently upholds the law by influencing the judiciary even in the way of learning the guiding principle of law and the basic principles of law Basic spirit