司法过程中对抗性机制的意义及其完善

司法过程中的对抗性机制具有深刻现实意义及伦理关怀,前者表现为通过程序性论辩实现正义,和容纳歧见以容纳提升经济发展资源,后者则体现为一种多元善并存不悖的价值体系。虽然法学界力主提升司法的对抗性,但该愿望依然难以实现。司法很大程度上依然被当成一种表达政治权力的渠道。这导致政治权力侵蚀了司法系统,弱化了司法的对抗性机制,该过程中对司法裁判结论的干预导致了对抗性机制的功能难以实现。当今,其改善之道在于增强司法的专业化水平和司法系统的自治程度及完善律师权利保护。

The Significance of the Antagonistic Mechanism in Chinese Judicial Process and how to Improve it

The confrontation mechanism in the judicial process has profound practical significance and ethical value, the former reflected as for the realization of justice by procedural discourse, and to accommodate accommodate different resources to promote the economic development, and the latter reflected as the coexistence of a plural value system. Although the antagonism hase been promoted by lawers and schoolars, the desire is still difficult to achieve. Judicial is still largely remained as a channel of a chanel to express political power. This leads to the state eroding into judicial system, weakening the judicial antagonistic mechanism, interventing the judicial conclusion, which lead to fact that the functions of the antagonistic mechanism lost its function. Nowadays, the way to improve is to enhance the autonomy of judicial, promote its professional level of the judicial system and improves the protection of the rights of lawyers.