司法权威——在强制与公正之间的谨慎选择

Judicial Authority- The Careful Choice Between Mandatory and Justice

以强制与公正双重建构来树立司法权威,在我国目前的司法现状下是可行的。在理论界,强制与公正对司法权威的影响的争论从未停止,但在我国树立司法权威在这二者中的抉择却无定论。以"司法因无力而无威"和"司法因不公而无威"这两个命题为基础,探讨我国司法权威的树立意义重大。

Based on the current judicial circumstances in China, it is feasible to establish judicial authority using enforcement and justice. Though the debate of the impact of enforcement and justice on judicial authority have never ceased in theory research, it still can not determine between the two. This paper, based on two theses that “justice has no authority because it is not enforced冶 and “justice has no authority because of unfairness冶, discusses the great significance of establishing judicial authority in China.