司法文明化的内在逻辑——一个制度发生学的视角

The Inherent Logic of the Judicial Civilization——From the point of view of the institutional genetics

司法的产生意味着人类的权利救济形式从"私力"走向"公力"。这套制度又是伴随着人类文明的发展不断完善和进步的。具体说,在制度构造上,它从"非理性化"向"理性化"不断优化;在价值立场上,它从"公权优位"不断迈向"私权本位"。当下中国的司法改革也只有放入这一框架中才能找准自己的方向,同时也只有把它纳入到这样的过程中才能真正理解当下具体的改革措施的意义。

The generation of the judicial means that the form of human right relief is from ＂private＂ to ＂public＂. The institution is also a continuous progressive institution with the development of human civilization. Specifically, in terms of the institution building, it is constantly upgrading from ＂non-rationalization＂ to ＂rationalization＂ ; in terms of the value standpoint, it is constantly upgrading from ＂ public right priority＂ to ＂private right standard＂. At the present time in China, if the judicial reform wants to find its accurate developing direction, it must put itself into the Key words theoretical frame. Meanwhile, if we want to really understand the meaning of the concrete reform measures at present, we must put it into the development process.