司法契合民众需求的理论思辨与实践进路——基于当前司法制度改革的检视

Theoretical Reflection and Practical Approach of Judicial Fitting People's Demands——Based on Rethinking of Current Reform of Judicial System

当前,我国司法制度改革总体上存在着两种明显倾向:一是以西方现代司法制度为范本绘制我国的司法蓝图,二是立足于社会和谐的宏观视野提升司法的社会效果。这两种倾向体现了学术精英和政治精英不同的建构立场和话语权,但因忽略了民众的司法需求而难以获得民众的广泛认同。我国司法制度改革应当立足于民众理性的司法需求和社会现实条件,倡导沟通合作型司法模式,建立以民众对司法的利用率和满意度为基本维度的司法效果评价体系,以及法官在司法过程中应充分发挥司法智慧,从而使司法制度改革的成果惠及民众,并赢得民众的认可,在司法与民众的沟通中实现社会治理的法治化。

At present, there are two obvious tendencies about the reform of the judicial system in our country on the whole：the one is that the judicial blueprint is draw as modern western judicial system for template;the other is that promoting judicial social effects must be based on the macro view of social harmony. These two kinds of tendency reflect different positions and voices from academic elites and political elites, but it is difficult to be widely accepted by people because of ignoring the public justice needs. The judicial system reform in our country must be based on the public rational demands and social reality,advocate judicial mode with collaborative com- munication, establish judicial evaluation system with the basic dimensions for the judicial efficiency and satisfac- tion from people, and the judges should give full play to the judicial wisdom in the judicial process, so that the judicial system reform benefits the people and wins the approval of people, and realizes social governance under the rule of law in the communications between the justice and public.