现代司法理念与司法为民——一个凌架于最高标准之上的标准

司法为民是最高法院提出的运作和衡量司法活动的一个重要价值目标。值得质疑的是它并不是从司法程序的内部结构、规律与立法的精神方面考虑问题。司法为民只能是司法公正的下位概念,即在一般的国家集体公共利益与百姓利益发生对立时,在司法公正缺乏法律和理论依据时,以为民的价值倾向作为公正的标准,并以此设计制度和具体操作才是正确的。

Contemporary Legislation Concept and Legislation Serving for People--A standard superior to the highest criterion

Legislation serving for people is an important objective of operation and measurement indicator raised by the Higher-Court.But one thing arouses questioning is that this is not a rooting consideration beginning from legislation procedures,internal structures,regulation and the spirit of legislation.We believe that Legislation serving for People could just only being a hypogynies concept under judicial justness,i.e.when there are conflicts between national public interest and common people's interest,and when judicial justness lacks law basis and theory foundation,then Legislation Serving for People could being the criterion of measure justness.And we believe that designing regulations and specific operation based on this theory is a correct approach.