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司法改革既是法律问题,更是文化问题。法律制度的冲突容易化解,文化的冲突粘稠难融。近代中国司法文化的发展存在多层面的冲突,诸如:主权独立文化与司法权独立文化层面的冲突;司法制度文化与司法效应文化层面的冲突;精英文化与政治、社会文化层面的冲突。由于这些冲突,近代法律在社会生活中未能发挥应有的效用,也不能得到人民应有的尊重,先进司法体制的异化变质,使人民的法律权益得不到保护,也把社会推入无序状态,从而引发暴动或革命,导致法律发展的新断层。当今社会,要使法律发挥应有的效用,确保司法制度与社会文化的和谐适度,营造合适的法律文化环境依然任重道远,“公正的司法”仍是今日中国迫切完成的任务。
Judicial reform is not only a legal issue but also a cultural issue. The conflicts in the legal system are easy to dissolve, and the conflicts in culture are thick and difficult to melt. There are many levels of conflicts in the development of judicial culture in modern China, such as: the conflict between the independent culture of sovereign independence and judicial power; the cultural conflict between judicial system and judicial effects; and the conflict between elite culture and politics and social culture. Due to these conflicts, the modern law failed to exert its due effect in social life and its due respect, and the alienation and deterioration of the advanced judicial system made the people’s legal rights unprotected and pushed the society into the absence of Order of the state, which led to riots or revolution, leading to a new legal development of the fault. In today’s society, it is still a long way to go to make the law play its due role, ensure a proper harmony between the judicial system and social culture, and create a suitable legal and cultural environment. “Just Justice” is still an urgent task for China today.