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马锡五审判方式产生形成于当时司法理念和司法实践之间出现冲突之时,它很好地将不同司法理念糅合在一起,把新的理念巧妙地推广开来。由于其产生的时代背景和社会环境都已经发生了极大的变化,马锡五审判方式局限性也逐渐显示出来。然而在司法改革之中我们发现当今所推崇的司法理念在实践中与现实之间也存在着很大的差距,使司法实践在某种程度陷入困境。我们可以借鉴马锡五审判方式精髓--灵活地运用法律,把法律的运行与现实结合起来。
When the conflict between judicial idea and judicial practice was formed at that time, it made a good combination of different judicial concepts and promoted the new idea cleverly. Because of its generation background and social environment have undergone tremendous changes, the limitations of the trial of Ma Xi five gradually revealed. However, during the judicial reform, we find that there is also a great gap between practice and reality in the judicial concepts that are advocated today, which makes the judicial practice in some difficulties. We can draw lessons from the essence of Ma Xi trial method - flexible use of the law, the operation of the law combined with the reality.