简论马锡五审判方式的当代价值

On Current Value of the Judicial Style in the Trial of Ma Xiwu Case

当代中国,随着市场经济的发展,以伦理为本位的传统的马锡五审判方式虽已显现出一些弊端,并在司法改革中遭到摒弃,但笔者认为,目前"城乡二元化"生态结构的中国社会,特别是中国的农村,马锡五审判方式不仅有其存在的现实合理性。

In current China, with the development of market economy , although the traditional ethics-orientated judicial pattern of Maxiwu style has showed some malpractice and has met with abandonment in the judicial reform, yet the writer of the paper deems that the judicial pattern of Ma Xiwu style has not only its realistic ration to exist, but also plays an important peculiar role in Chinese society with a two-dimensioned ecological structure of town and country, especially in the countryside.