回归价值本源:巡回审判制度的考证与思索

Back to Value Origin:Textual Research and Reflection on the Circuit Trial System

渊源于马锡五审判方式的巡回审判制度,在司法实践中衍生出剧场化、边缘化、庸俗化、无规则化等符号性特征,象征性意义远甚于其基本的司法功能。应当从便利群众接近司法正义的价值本源出发,契合现代司法的要求,重新确定价值功能、创新表现形式、明确适用范围、确立操作规则,以构建完善的现代巡回审判制度。

The circuit trial system which originated from the Ma Xiwu trial style has been theatrical, marginalized, vulgarized and irregular in the judicial practice, meaning it becomes a symbol rather than applying its basic judicial functions. To strengthen the construction of modem circuit trial system, public＇s access to the justice of judicatory is required by satisfying the demands of modern judicatory as well as redefining its functions, improving its forms, clarifying its application range and establishing its rules of operation.