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所谓“影响性诉讼”是那些超越了个案当事人的诉求,对类似案件处理,立法、执法、司法之完善以及普通民众观念转变产生较大影响的个案。在过去的一段时空中,我们都为中国法治发展的特殊性深感忧虑,因为我国法律的建构性远大于进化性,是在救亡图存的迫切背景中作为一种救国、治国的方略移植而来的。面对法律是对外生权威的被动服从,因此真正的法治与我们相距甚远。
The so-called “influential litigation” are those cases that have gone beyond the demands of individual clients and greatly influenced the handling of similar cases, legislation, law enforcement, the improvement of the judiciary and the change of concept of the general public. In the past period of time and space, we all were deeply concerned about the particularity of the development of the rule of law in our country. Because the constructivism of our law is far greater than its evolutionary nature, it has been portrayed as a strategy of saving the nation and governing the country in the urgent background of saving the nation . The face of the law is a passive obedience to external authority, so the real rule of law is far away from us.