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人们习惯说阳光是最好的防腐剂。于是似乎司法透明就可以实现法治现代化。但实际上,阳光中起防腐作用的,是肉眼难见的紫外线。司法本身存在瑕疵,透明只会损害司法公信力。法制的专业化,贵族化。权力本位司法理念的缺失,造成了司法的平民化。法制应该为民众知悉,司法离不开国家权力。解决不了法制与司法的错位,法治之路漫漫。
People are used to saying that sunshine is the best preservative. So it seems that judicial transparency can bring about the modernization of the rule of law. However, in fact, the sun plays a preservative effect, is the naked eye of ultraviolet light. Justice inherent in flaws, transparency will only undermine the credibility of the judiciary. Legal specialization, aristocracy. The lack of power-based judicial concept has resulted in the common law of justice. The legal system should know for the people that justice can not be separated from state power. Can not solve the dislocation of the legal system and the judiciary, the long road to rule of law.