转型中国的司法价值观

对应于两次历史性社会转型以及第二次转型的三个发展阶段,当代中国的司法价值观发生了四次历史性变迁,即从为阶级斗争冲锋陷阵的政治司法价值观转变到为经济建设保驾护航的经济司法价值观,而后再演变为为社会稳定排忧解难的社会司法价值观,并走向为法治文明注译导航的衡平司法价值观。鉴于前三种司法价值观本质上都是法律工具主义的产物,是人治的变种,故有必要对其做历史性反思。唯此,型塑以"公正、廉洁、为民"为基本内核的多元衡平司法价值观方为可能。

Judicial Values of China in Transition

Generally speaking, the judicial values as a form of legal values are influenced not only by the traditional thoughts of political science and law, but also by the transformation of economy, change of social structure, and evolution of culture, so that the judicial values can''t be separated from the society. Moreover, the society is a tortuous process of evolving. Therefore, the judicial values are always adjusting themselves to adapt the social changes. The contemporary judicial values of China have undergone four historical phases, along with two society transformations and the different development stages of the second one. That is, the political judicial values of "serving for class struggle" has transformed into the economic judicial values of "safeguarding the economic construction", and further evolved into the social judicial values of "excluding the difficulty of social stability", at last tended towards the equitable judicial values of "guiding for the civilization of rule of law". But the former three kinds of justice values are the products of legal instrumentalism and the variants of the rule of man which need historical reflections. If the judicial values can''t get rid of the "tool theory" from the source, they are bound to fall into the idealistic and romantic quagmire and doomed to fail. Indeed, the judicial values should be based on the professional skills, deal with social disputes independently, safeguard social fairness and justice and repair the damaged social relations. Economic development and social stability are the social effects which justice actively pursues, but they should not be elevated to its core mission. Order, justice, rule of law and human rights are the universal values which justice try to pursue. Therefore, the society must shape the multiple equitable judicial values, which take "fair, probity, for the people" as the core.