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本文着重从政治动因、内在动因以及现实动因三个方面分析最高人民法院提出和倡导司法和谐这一司法理念和司法政策的动因。本文深入分析司法和谐提出的动因后不难看出,这一影响巨大的司法理念和司法政策的提出并非基于司法自身发展的需要,相反,更多的是为了迎合政治的需要,是为了解决司法系统面临的合法性危机和司法公信力不足、司法终局性安定性不足等问题。而构建和谐社会的口号可谓司法和谐提出的最重要的甚至可以说具有决定性的动因,这也为司法和谐在实施中产生大量问题埋下了伏笔,带来了隐忧。
This article focuses on three aspects of political motivation, internal motivation and realistic motivation of the Supreme People’s Court to analyze and advocate the judicial harmony and judicial motivation of judicial policy. After deeply analyzing the motivation of judicial harmony, it is easy to see that this influential judicial concept and judicial policy are not based on the needs of judicial self-development. On the contrary, it is more necessary to cater to the political needs and to solve the judicial system Faced with the crisis of legitimacy and lack of credibility of the judiciary, insufficient judicial stability and other issues. However, the slogan of building a harmonious society can be described as the most important and even decisive motive proposed by judicial harmony, which has also laid a foundation for many problems arising from the implementation of judicial harmony.