司法改革与结构性危机再生产——从药家鑫案的审理谈起

现代司法是现代政治合法性再生产的制度装置,而其之所以能做到这一点,就在于其具有保守、克制,有意与社会保持适当隔离,严格按照正当程序操作,严格依法断案的品质。西安中院在审理药家鑫案时征求旁听人员关于量刑的意见,受到了网友的广泛质疑,引发了司法的合法性危机,就是因其背离了现代司法的范型,以致引火烧身。避免司法改革举措失当导致结构性的危机再生产是我们在整个司法改革过程中始终面临的课题。

On Judicial Reform and Reproduction of Structural Crisis-- Speaking of the Trial Hearing of the Case of Yao Jiaxing

The modern judicature is the re-production institutional device for contemporary political legitimacy. To stand at this role, it shall keep the characters of conservative, restrained, intentionally keeping distance with the society, strictly following the due diligent procedural and deciding the case in conformity with legal provisions. Xi＇an Intermediate Court asked for the attendees about the opinion for measurement of penalty during the trial of Case YAO Jia-xin, which has been wide-ranging questioned by netizen, and trigged the legitimacy crisis of modern judicature. This case was an example for deviating the pattern of the modern judicature and inducing criticisms on it. To avoid structural crisis reproduction which is caused by improper judicial reform is the task we are facing during the whole process of judicial reform.