中国司法制度人民性研究

Study on the Mass Character of Chinese Judicial System

中国司法的人民性在世界各国独一无二,其本源可以追溯到北伐战争时期。司法的人民性内含有"权力属于人民"和"权力服务于人民"这两个核心概念。客观中立的立场、稳定性的姿态、专属性专门性的主体和法律程序终局性的效力,是司法服务的鲜明特点。公正与效率是人民司法的永恒主题,而充分发挥司法在反腐法治中的职能作用,则是人民司法为人民的内在禀赋和必然要求。

The mass character of Chinese judicial system is unique in the world, and its source can date back to the Northern Expedition. The mass character contains two central meanings, one is that the power belongs to the people, the other one is that the power serves the people. As we all know, the judicial work has many distinctive characteristics, such as the neutral stance, the stable condition, the special subject, and the final effect. Justice and efficiency are the constant themes in judicial work. It is the inevitable requirement for the justice to struggle against corruption efficiently.