黑格尔把国家权力分为立法权、行政权和王权,司法权不是他国家权力划分的主要内容,但他的司法观却是他市民社会理论的重要组成部分。黑格尔的司法权是连结市民社会和国家的枢纽,是具有社会权力属性的权力,其目的是保护市民社会中的财产权。围绕此,黑格尔对诸多司法理念,诸如司法是良法之治、司法应注重程序正义以及司法独立等作出了深刻而精辟的论述。 Hegel divides state power into legislative power, executive power and monarch power. Judicial power is not the main content of the division of power in his country. However, his concept of judicature is an important part of his civil society theory. Hegel’s judicial power is the link between civil society and the state, and it is the power of social power, whose purpose is to protect the property rights in civil society. Around this, Hegel made profound and penetrating expositions on many judicial concepts, such as judiciary is the rule of good law, judiciary should focus on procedural justice and judicial independence.