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司法判决的实质合法性根据在于能够被当事人、法律共同体专家和社会公众所接受,即形成司法共识。无论是当事人、专家、社会公众还是司法者自己,都是理性人,都同时具备个体理性和集体理性。司法共识所追求的是在集体理性支配下的共识,只有各方基于集体理性的共识才是判决合法性的最终依据,同时,集体理性对于个体理性还具有防范作用。
The substantive legitimacy of judicial decisions is based on the fact that they can be accepted by the parties, legal community experts and the public at large, that is, a judicial consensus is formed. Regardless of the parties, experts, the public or the judicial themselves, are rational people, both with individual and collective rationality. Judicial Consensus pursues the consensus under the collective rationality. Only the consensus reached by all parties based on collective rationality is the ultimate basis for judging legality. At the same time, collective rationality also plays a preventive role in individual rationality.