司法改革的目标与司法模式——基于政治与司法关系的改革思路

The Target of Judicial Reform and the Judicial Mode:Thoughts on Judicial Reform from the Perspective of Political and Judicial Relations

政治与司法的关系是宪法的基本命题,是世界各国司法改革的基础。中国司法改革应当立足于政治体制层面,着眼于改进政治与司法的关系,关键是建立和完善政党与司法的结构关系,在人民代表大会制度的基础上确立司法改革的走向和司法相对独立的目标,从宏观上理解和把握司法多元化模式、司法相对独立的内涵和违宪审查制度的政治特征,赋予政治与司法关系以宪政意义,从政治的全局与宪政的高度审视、构想和推进司法改革。

The relationship between politics and jurisdiction is the basic thesis of constitution as well as the foundation of judicial reform in countries all over the world. China＇s judicial reform should base itself on the political system and aim at improving the relationship between politics and jurisdiction. To achieve such a goal, the key is to establish and perfect the structure of relations between political parties and jurisdiction, to decide on the direction of judicial reform and the target of relatively independent jurisdiction on the basis of people＇s congress system, to understand and grasp the mode of judicial pluralism as well as the connotation of relatively independent jurisdiction and the political features of the system for review of constitutionality, to endow the political and judicial relations with the constitutional significance, and to examine, conceive and promote the judicial reform in light of the overall political and constitutional situation.