中美两国司法理念的比较

本文从五个方面对中美两国的司法理念进行了比较。美国的司法制度体现了程序公正优于实体公正、普遍正义优于个案正义、法律真实优于客观真实、法律调整优于调整法律、服从法律而非服从民意的司法理念。而中国的司法理念在这五个方面与美国的司法理念差别很大。

Comparative Analysis on Judicial Notion between China and U.S.A

In this article, the author compares Chinese judicial notion with American judicial notion in five aspects. The notion of American judiciary has the characteristic as follows: procedural justice is prior to substantive justice; universal justice is prior to case justice; the truth of law is prior to the truth of object; the regulating according to law is prior to the regulating of law itself. But the Chinese judicial notion is quite different with the American's in these aspects.