司法独立作为诉讼之基本指导思想已为现代法治国家视为圭臬。然作为司法独立之核心内容——“法官独立”至今仍未为我国大陆地区全面实施。回溯先秦,孟子关于“窃负而逃”一案之训迪方与近世法官独立思想似有异曲同工之妙。然鉴于我国传统“家族本位”之社会情状与我先民敦品崇礼之民性,孟子一面阐扬“法官独立”之微言大义,他面复倡“亲亲相隐”之说,以谋求情、理、法三者之通达也。是故吾侪重温此案,从我国传统法律文化中挖掘现代司法改革之本土资源,以期助益“法治中国”建设之宏规焉。 Judicial independence as the basic guiding principle of litigation has been regarded as the modern rule of law in the country. However, as the core of judicial independence - “Judge independence” has not yet been fully implemented in mainland China. Back to the pre-Qin period, Mencius’s doctrine of “stealing and fleeing” has similar advantages to the independent judge’s ideas in recent years. However, in view of the traditional “family-based” social conditions in our country and the character of my own people, Dunhuang Manchuang, Mencius exalted the meanings of “judge’s independence,” and resumed his advocacy of “kissing each other” Said that in order to seek love, reason, law and understanding of the three also. Therefore, we revisit this case and tap the local resources of modern judicial reform from the traditional legal culture in our country in the hope of helping the building of “rule of law in China”.