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本文在民商事审判领域探索一种新的审判思维模式,即整体化、全方位的思维模式。以“和谐文化”为核心,关注当事双方经济、工作,关注婚姻、居住、心理等一系列因素,使当事双方都能够“精神愉快、生活幸福、自由发展”的整体和谐的裁判思维,从而达到“胜败皆服,案结事了”之最终目的。本文从现阶段我国社会、经济、文化等特殊背景出发,以生产力和生产关系这一基本矛盾为主线,探讨新形势下如何构建社会主义裁判哲学思维模式。
This article explores a new mode of trial thinking in the field of civil and commercial trials, namely the holistic and omni-directional mode of thinking. Focusing on “Harmonious Culture ” as the core, we pay attention to a series of factors such as economy, work, marriage, residence and psychology of both parties, so that both parties will be able to achieve the overall harmony of “happy spirit, happy life and free development” Referee thinking, so as to achieve the ultimate goal of “victory and defeat are convinced, the case was done.” Based on the special social, economic and cultural backgrounds of our country at present, this article takes the basic contradiction between productive forces and production relations as the main line, and explores how to construct the philosophical thinking mode of socialist referee under the new situation.