对影响司法公正因素的再探析

A Further Probe into the Factors Being Affecting Judicial Justice

司法公正是世界各国普遍重视并加以研究的重要理论和实践问题。通过对观念、体制、主体和机制四个方面对我国司法公正的障碍性因素的分析。我们认为 ,解决观念性障碍的关键是树立现代法治观念 ;解决体制性障碍的核心是结合我国的宪政体制、实现司法独立 ;解决主体性障碍的首要任务是建立一支现代化的高素质法官队伍 ;解决机制性障碍的当务之急是改革不合理的程序制度 ,实现监督法治。

Judicial justice is an important theoritical and practical issue which is now paid attention to and studied in many countries. By analyzing the obstacles to the judicial justice of our nation, we hold that fostering the idea of Rule of Law is the key in removing the obstacle of idea, that realising judicial independence combined with Chinese constitutional system is the core in removing the obstacles of system, that building high quality judicial personnel is the prime task in removing the obstacle of subject, and that reforming unreasonable procedural system to realize legal supervision is the urgent matter in removing the obstacle of mechanism.