略论司法权的限制

我国的法治传统积弱,公民的法律意识淡漠,大力推进法治,树立司法权威是当前十分迫切的需要。与此同时,充分认识司法权的有限性,防止因司法权的滥用而走向事物的反面同样也是确立司法权威,维护司法公正的必然要求。本文即从法官权力的程序限制和其权力行使方式限制的角度出发,折射司法权的有限性,从而对我国司法权的定位进行一番梳理和自省。

Brief Study of the Constraints on Judicial Power

s:Owing to our country's traditional weakness in practising rule by law and our citizens' dim consciousness of law, it is a crying need to push on quickly the practice of rule by law and to set up judicial authority. On the other hand, it is also a necessary requirement to establish judicial authority and defend judicial justice by preventing against turning into the reverse side of things because of abusing judicial powers.This thesis attempts to look at the limitations of judicial powers in terms of the constraints on the procedure of the judge's powers and on his way to exercise his powers. By doing so ,it is hoped that we can have a clear understanding and self-examination of the right status of our coutry's judicial powers.