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在我国古代,“青天文化”一方面集中体现了以惩恶扬善、刚直不阿、为民做主为基本内涵的法官优良素质,另一方面象征着在我国封建等级制度下相对的公正与平等。然我国的“青天文化”大都借由戏曲、小说等带有浓重艺术色彩的形式传承下来,较之正史,颇有言过其实之嫌。但这样的怀疑几乎不能影响到老百姓对“青天文化”的认可,也不妨碍人们将传统的“青天文化”与当今推崇的“司法公正”相互比较,但两者真的“异型同义”吗·本文拟从“青天文化”的发展脉络入手,将其与司法公正进行对比,并就如何在当代司法活动中利用“青天文化”以达到司法公正的目的提出建议。
In ancient China, on the one hand, “blue sky culture” embodies the excellent qualities of judges with the basic content of punishing evil and promoting evil, uprightness and mastery of the people; on the other hand, it shows the relative fairness and equality under the feudal system of our country . However, most of the “blue-sky culture” in our country is inherited through the form of strong artistry such as drama and novels, which is quite out of tune with the official history. However, such doubts hardly affect people’s recognition of “blue-sky culture” and do not prevent people from comparing traditional “blue-sky culture” with today’s “judicial justice”, but both really This article intends to start with the development of “blue sky culture” and compare it with judicial justice, and how to use “blue sky culture” in contemporary judicial activities to achieve judicial fairness The purpose of making recommendations.