论马锡五的司法公正思想

Ma Xiwu′s Thought of Judicial Justice

司法公正思想是马锡五法治思想的重要组成部分,内容包括与时俱进、因时因地制宜、移风易俗等方面,涵盖了程序公正和实体公正两个方面,体现了二者的有机统一。马锡五的司法公正思想符合农业文明占主导地位的中国新民主主义社会阶段,其形成具有鲜明的历史根源,带有浓厚的革命色彩。特定的程序,诸如法官主动调查、征求群众意见、调解和审判结合等"马锡五审判方式",以查明事实作为适用法律的基础,对中国当代司法仍然具有积极的借鉴意义。

The idea of judicial justice is an important part of Ma Xiwu＇s rule of law, which is found in his writings, speeches and summary of work. It contains rich content, including advancing with the times, adjusting local conditions and changing customs, and is comprised of procedural justice and entity justice, embodying the organic unity of the two aspects. Ma Xiwu＇s idea of judicial justice conforms to the stage of China＇s new-democratic society which is dominated by agricultural civilization, and its formation has a distinct historical origin and a strong revolutionary color. His specific procedures, such as active investigation by judges, solicitation of opinions from the masses, trial modes typical of his, like combination of conciliation, etc. , and identifying the facts as the basis of the applicable law, still have a positive reference value for contemporary Chinese judicature.