对司法背离民主的倾向性研究

On the Tendency of Justice Departing from Democracy

司法蕴涵着民主的因素,司法在其发展的过程中和民主保持着密切的关联,但同时,司法也有背离民主的倾向性,如法官职业化就有背离民众的倾向,司法独立就容易使司法过分独立于社会和民众,并造成司法主体法官自身的过分隔离,司法审查也存在着与民主制度不相容的内容等。

The justice contains democracy factor, and maintains a close connection with the democracy in its development process. But simultaneously, the justice has a tendency departing from democracy, such as professionalization of judge has a tendency departing from democracy, judicial independence excessively independents justice from the society and the populace, causing judges isolation, the judicial review is also not accommodating with democracy and so on.