我国传统的经权观是指一般情况下依常理行事、特殊情况下变通常理行事的哲学观点。经权观在司法实践上的表现是:一般情况下依法办事,即所谓“经”;特殊情况下变通法律甚至完全抛开法律行事,即所谓“权”。传统经权观依然影响着当前的审判实践,但是,它违背了基本的依法审判原则,破坏了法律的规范性、确定性和可预测性,导致了司法裁判的随意性,并且容易诱发司法审判中人治主义的泛滥,有悖于依法治国的要求,有损于法律的权威。因此,推行依法治国,就必须树立法律至上观念,彻底摒弃传统的经权观。 The traditional concept of economic power in China refers to the philosophical point of view that under normal circumstances, acting according to common sense and under special circumstances, acting in common sense. The performance of the concept of power in judicial practice is that under normal circumstances, it is the so-called “sutra”, and in other special cases, the law of permissible or even completely abandon the law, the so-called “power”. However, it violates the basic principle of trial according to law, undermines the normativity, certainty and predictability of law, leads to the arbitrariness of judicial adjudication and can easily induce judicial adjudication The proliferation of humanitarianism runs counter to the demand of governing the country according to law and undermines the authority of the law. Therefore, to implement the principle of governing the country according to law, we must establish the concept of the supremacy of law and completely abandon the traditional concept of the empire.