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在当下进行法治建设的大环境下,司法改革已成为从法学家到社会大众都在热议的话题,而有关这一改革究竟何去何从,应秉持什么样的理念或指导思想,更是人们关注的焦点。在2007年最高人民法院第七次全国民事审判工作会议上,就提出了“和谐司法”理念;其实在此之前,学者们也多有论述,并已形成了相对完善的理论体系。但在实际操作中对其理解多有偏差,致使本来很有指导性和实效的和谐司法理念遭遇了很多误解。因此,本文欲就其内涵作一简单探讨,以期对此理念有更深的认识;然后梳理一下其界限问题,以便使和谐司法理念能够在与法治的基本价值相融合的同时,也更容易得到人们的支持。
Under the current circumstances of the rule of law, judicial reform has become a hot topic from jurists to the general public. What kind of ideas or guiding ideologies should be attached to this reform depends on people’s concerns. focus. At the Seventh National Civil Trial Work Meeting held by the Supreme People’s Court in 2007, the concept of “harmonious justice” was put forward. Before that, scholars even more talked about and formed a relatively complete theoretical system. However, there are many deviations in understanding it in practice, which leads to many misunderstandings about the concept of a harmonious judiciary that was very instructive and effective. Therefore, this article attempts to make a brief discussion on its connotation in order to have a deeper understanding of the concept; then, to sort out its boundaries so that the concept of harmonious justice can be integrated with the basic values of the rule of law and at the same time easier to obtain people support.