法律思维与大众思维关系的失真与还原

法律的自治性、司法与民主的纠葛以及精英主义思想，造就了法律人思维与大众思维的不同。其差异主要体现于思维焦点、思维背景和思维方式等方面。但当前学界夸大了两者的区别，使得其失真。这些差异并不当然意味着两者的不可共存。事实上，在法治社会里，它们在诸多方面是相互联系和融通的。就中国当下情形而言，须还原法律思维与大众思维的本相，并在尊重两者区别的基础上，以法律程序来沟通彼此的联系。

The Distortion and Reduction of the Relationship between Legal Thinking and Popular Thinking

The autonomy of law, the disputes of the justice and democracy and the elitism ideology created the difference of legal thinking and popular thinking.The differences mainly focus on thinking, thinking background and the way of thinking, etc. But the current academic circles exaggerate the difference between the two and even make its distortion. These differences do not, of course, mean that the two cannot coexist. In fact, it is interaction and contact in various aspects in the society of the rule of law. This point can be seen a little in the concrete legal system (the jury system, lawyer system and the case guidance system). In terms of China's present situation, legal thinking and thinking must restore its nature, and on the basis of respect the difference to communicate each other connection by legal procedures.