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当代中国司法处于权威困境之中。这种困境集中表现为:司法的政治权威与基于专业智识的司法权威之间的冲突;司法权威与其他政治权威之间的冲突。从司法的角度而言,导致权威困境的原因在于:司法并没有能够确立“有限性”的基本理念;司法权力过于拘泥于现实政治的逻辑;司法审判过于受政治思维的影响。在当代中国的政治语境下,司法要树立自己基于智识的权威,走出权威困境,就应在自治型法治理念的支配下,确立有限目标的法律治理,积极探索政治遵从型司法改革模式,强化司法审判业务的技术区隔功能,渐进地努力构筑司法权威赖以成长的空间。
Contemporary Chinese judiciary is in the predicament of authority. This predicament is manifested mainly in the conflict between the judicial authority of the judiciary and the judicial authority based on professional knowledge, and the conflict between judicial authority and other political authorities. From a judicial point of view, the reasons leading to the dilemma of authority lie in the fact that the judiciary has not been able to establish the basic idea of “limitedness.” Judicial power is too rigidly adhered to the logic of real politics. Judicial judgment is too much influenced by political thinking. Under the political context of contemporary China, judiciary should establish its own intellectual authority and walk out of the predicament of authority. Under the guidance of the concept of autonomous rule of law, the judiciary should establish the legal governance of limited objectives and actively explore the political compliance model of judicial reform. Strengthen the technical compartmentalization function of the judicial adjudication business, and gradually strive to build the space for judicial authority to grow.