现代法治的核心就在于构筑“法律至上”的法治理念,它的形成离不开社会民众对于法律信仰的支撑,离不开社会民众通过感性的法律体验而达成的法律共识。因此,作为以解决纠纷为基本功能的司法裁判活动,直接影响了社会大多数成员对于现行法治的态度,因为人们对于法治的态度更多的是对司法裁判的以其内心所固有的正当性标准来观察和判断而得出的,正当的司法裁判 The core of modern rule of law lies in the construction of the concept of the rule of law, whose formation can not be separated from the support of social people for legal belief and can not be separated from the legal consensus reached by the social people through the emotional legal experience. Therefore, as a judicial adjudication activity with the basic function of settling disputes, it directly affects the attitude of most members of society to the current rule of law because people’s attitudes toward the rule of law are more about the inherent standard of justification of judicial adjudication To observe and judge the judiciary, the proper judiciary