揆情度理:新时代语境下中国百年司法体制改革现象还原与规律探析——基于发生现象学的阐释

Weighing the Pros and Cons: Regulation Analysis and Phenomenological Reduction of China’s Century Judicial System Reform——The Observation Based on Genetic Phenomenology

中国百年司法体制改革“一波三折”,变迁历程依次呈现出变法图强、盲目效仿、急功近利、揆情度理四个现象。改革开放后,又渐次走过了铁桶困局、迷茫图景,而今迈入战略性布局新时代。本体论上,中国司法体制改革呈现出如下规律性:中国共产党以实事求是方法论洞察国情使得改革固本培基;以马克思主义中国化拨除思想迷雾使得改革拨云睹日;以习近平全面依法治国新理念新思想新战略创新举措使得改革超世拔俗。从“直接直观”的感性认知升华到“把握实事”的本质认知是当代中国司法体制改革成功的秘诀。

China’s century judicial system reform has been full of twists and turns,showing four phenomena as followings: reform for being strong,blind imitations,seeking quick success and instant benefit,and weighing the pros and cons.Since the reform and opening door to the outside world,the judicial system reform has gradually gone through many inextricable dilemmas,and now it has entered a new era of strategic layout.Ontologically the reform of China’s judicial system has shown the following regularities:the Communist Party of China took realistic approaches as methodology to gain insights into the national conditions which has solidified the reform;China sinicized and popularized Marxism,getting rid of the ideological fog,and dispelling the clouds during the reform;Xi jinping’s New Idea New Thought and New Strategy were used to innovate measures so as to facilitate the reform.The key to China’s judicial system reform is to sublimate cognitions from the perceptual “direct and intuitive” to the essential “grasp the facts”.