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司法的产生意味着人类的权利救济形式从“私力”走向“公力”。这套制度又是伴随着人类文明的发展不断完善和进步的。具体说,在制度构造上,它从“非理性化”向“理性化”不断优化;在价值立场上,它从“公权优位”不断迈向“私权本位”。当下中国的司法改革也只有放入这一框架中才能找准自己的方向,同时也只有把它纳入到这样的过程中才能真正理解当下具体的改革措施的意义。
The emergence of justice means that the form of human rights relief from “private power ” to “public power ”. This system is accompanied by the development of human civilization, continuous improvement and progress. Specifically speaking, from the angle of “irrationalization ” to “rationalization ”, on the structure of the system, it constantly optimizes itself from the “public superiority” to “private right” ". At present, China’s judicial reform can only find its own direction only by putting it into this framework. At the same time, it is only by integrating it into this process that it can really understand the meaning of the concrete reform measures of the present time.