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在坚持“执法如山”理念的同时,也应当逐步树立与构建和谐社会相适应的“执法如水”理念,使司法治理刚柔并济,最终达到定纷止争、案结事了的效果。具体可以从三个方面来把握“执法如水”理念:一是以协商正义补充规则正义的不足;二是强调法律与情理的互动;三是追求法律效果与社会效果的统一。司法理念从“执法如山”到“执法如山”与“执法如水”并重的转变,不仅要做到观念上的接受,而且至少应当从开发司法服务功能、发展多元解纷机制、强化诉讼指挥职权、建立案例指导制度、充实司法救助内容五个方面着手,进行制度上的建设和实践上的落实,促进司法方式的转变,使社会公平正义切实得到维护。
While adhering to the concept of “enforcing the law as the hill,” we should gradually establish the concept of “law enforcement and water compliance” that is compatible with the construction of a harmonious society so that the judiciary will become more rigid and supple, and eventually reach a final conclusion and a dispute over the case. Effect. Specifically, we can grasp the concept of “enforcing the law as the water” from three aspects: one is to supplement the deficiency of the rule of justice by the consultation justice; the other is to emphasize the interaction of the law and the reason; the third is to pursue the unification of the legal effect and the social effect. The notion of justice must not only be accepted by the mind but also be at least as important as the development of the judicial service function and the development of a pluralistic system of dispute resolution as a result of the transformation of the concept of justice from “law enforcement as a mountain” to “law enforcement as a mountain” and “law enforcement as water” , Strengthening litigation power, establishing case guidance system and enriching the content of judicial aid, carrying out institutional construction and practical implementation, promoting the change of judicial mode and ensuring social fairness and justice.