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一、引言1831年5月9日,法国著名的学者、政治思想家托克维尔(de Tocquevville)乘船抵达美洲大陆对美国进行了考察,后来,《论美国的民主》这一世界学术名著诞生了。作为一名生长在大陆法系国家的学者,他提出:使一个外来者最难理解的是美国的司法组织,在他看来,简直是没有一个政治事件不是求助于法官的权威的。他还敏锐地认识到,几乎所有的美国政治问题无法解决时,最后都成为法律问题,“也没有一个国家创制像美国那
I. INTRODUCTION On May 9, 1831, de Tocquevville, a famous French scholar and political thinker, arrived in the continental United States by boat and inspected the United States. Later on, a world-class academic monograph on democracy in America was born . As a scholar born in a civil law country, he proposed: What makes the most difficult thing for an outsider to understand is the judiciary in the United States. In his view, it is simply not a political event that does not turn to the judge’s authority. He was also keenly aware that when almost all the political problems in the United States could not be solved, they eventually became legal issues. ”Nor has a country created like the United States