关键词: 司法体制改革, 同质化, 差异化, 司法规律

Abstract: The differentiation between the court system reform and the prosecutorial system reform means that the specific design of the judicial system reform by the court system should be distinct from that by the prosecutorial system. This is a proposition of the rule of law with Chinese characteristics, having a cooperative relation of symbiosis and mutual supplement with the reform homogenization. The different positioning of the court and the procuratorate in China’s Constitution is the basis for the differentiation of the reform of these two systems, while the differentiated reform is the inevitable choice for the judicial system to become more refined. Also it is the objective needed to solve the existing problems in the reform. Therefore, the differentiated reform strategy should properly handle the relationship between differentiation and homogenization. The reform measures should be formulated according to the different focuses on judicial fairness by the court and by the procuratorate. Special attention should be paid to the particularity of the procuratorial system reform in the reform. The judicial rules should also be followed and the reform should be promoted on the basis of accurate defining of the judicial logic and administrative logic.

Key words: reform of the judicial system, homogenization, differentiation, law of legal system