论司法公正的保障机制及其改革

On the Policy and Safeguard Mechanism of Judicial Justice

我国的司法改革目前已经进入攻坚阶段,司法改革能够以与时俱进的精神完成预期的目标,直接关系到我国改革开放政策能否深入推行。要实现司法公正和司法效率这双重目标,首先必须转变司法观念,要强调司法法治主义和程序本位主义。只有在此基础上,才能实现司法的独立性和程序的公正性,才能使法院胜任新形势下解决各类纠纷、确保公民权利、维护社会安定的任务,也才能提高法院在整个国家权力结构体系中的地位,发挥其应有的作用。

The judicial reform in our country has already entered into a key stage at present. The judicial reform can obtain the anticipated aim based on the spirit of movement according to times, which concerns the policies of reform and opening to the outside world of our country going on deeply or not. The judicial reform is a systems engineering and it involves the question of judicial system as well as the question of concrete procedure operation. To realize the double goals of judicial justice and efficiency, we must change the judicial idea; emphasize the doctrine of rule by law and procedure departmentalism. On this basis, we can realize judicial independence and procedure impartiality; we can make the court be able to solve all kinds of disputes, guarantee citizen' s right, maintain social stability under the new situation; and we can improve the status of the court in the whole state power structure to bring the court into full play.