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近来看了很多有关法院的报道,如鲠在喉:沈阳黑社会的头目刘涌由死刑改为死缓;西安中院审理本院干警“杀”本院院长的案件;有关与幼女发生性关系可以不认定强奸的司法解释;某省高院服务于经济建设的十项措施等等,当人们对于这些悖于常理的做法提出责难时,我们总能听到一种声音:请不要干涉司法独立。在这种喝止声中,我感到的是一种对于司法独立的误读。 司法不能独立于社会理性。 自古以来司法独立,指的是司法独立于王权,而不是司法独立于群众利益,
Recently I read many reports about the courts. For example, Liu Yong, head of the triad in Shenyang, changed his name from death to death; the Xi’an Intermediate People’s Court tried the case of “killing” the Dean of this court by a police officer in his hospital; he was not found to have committed sexual assault Judicial interpretations, the ten measures that Gao Qingyuan serves the economic construction, etc. When people blame these commonplace practices, we can always hear the voice of saying: Do not interfere in the independence of the judiciary. In this kind of stop-gap, what I feel is a misunderstanding of the independence of the judiciary. Justice can not be independent of social rationality. Since ancient times, the independence of the judiciary means that the judiciary is independent of the monarchy, not that the judiciary is independent of the interests of the masses.