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法治的时代也是以法为尊、法律至上的时代。司法权威在全社会的普遍建立,无疑是现代法治的必然要求和重要标志。然而,在法治传统十分薄弱、主体法律意识较差的中国,现实的困惑却是司法权威表现不足。司法权威表现不足背后的成因是什么?这一困惑又该如何解决?对这些问题的研究具有极其重要的理论和实践意义。该文正是以司法权威的基本内涵为认识起点,力图在透视司法现状的基础上,对我国司法权威的具体构建问题做出初步的探索。
The era of the rule of law is also based on the law, the law of the times. The establishment of judicial authority in the whole society is undoubtedly an inevitable requirement and an important symbol of modern law and order. However, in China where the tradition of the rule of law is very weak and the main legal awareness is poor, the real confusion is that the judiciary has under-represented. What are the reasons behind the inadequate performance of judicial authority? How to solve this confusion? The research on these issues has extremely important theoretical and practical significance. This article takes the basic connotation of judicial authority as the starting point of understanding and seeks to make a preliminary exploration of the specific construction of judicial authority in our country on the basis of judging the judicial status quo.