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引言随着我国法治化建设的进程,当前公众对法律制度的期待和需求带来了权利救济的大众化倾向,以法律适用理念与逻辑为核心“审判神话”显现出来,原来在很大程度上担负纠纷解决功能的社会共同体趋于解体。然而,正如叶芝所述:“我们不能靠掩盖思想中的怀疑因素来建立一个虚伪的信仰”①,在这个大变革时代,司法者无法预知或自信能够将社会纠纷解决从容地转化为规则之制;也更因为无数次真切
Introduction With the progress of the rule of law in our country, the current public’s expectation and demand for the legal system has brought about the tendency of popularization of right relief. With the application of law and logic as the core, Trial Mythology, The social community charged with dispute resolution tends to disintegrate. However, as Yeats puts it, “We can not build a hypocritical faith by obscuring the suspicion in our minds.” 1 In this era of great change, the judiciary could not predict or assert itself to be able to calmly resolve social disputes into Rules of the system; but also because numerous real