Abstract:
The relationship between judiciary and ideology is a subject of the times that exists objectively in practice and needs to be taken seriously in theory, and the problem of analysis model is the logical starting for systematic study. Based on the ideal types of law and the ideal types of law-politics relationship, foreign scholars clearly put forward macro analysis frameworks such as embeddedness, autonomy and response, and micro analysis models such as law, attitude, strategy and historical institutionalism. With the continuous progress of relevant research in theory and method, these analysis models gradually show a trend of harmony and balance after dispute, criticism and reflection. The balanced theory between judicial system and ideological system, and the harmonious theory between legal factors and ideological factors in judicial decision-making are increasingly dominant. Each analysis model is a theoretical expression of the legal phenomenon and its practical relationship with the outside world under the specific background of the times, while the evolution trend of those analysis models is rooted in the overall process of social change and the development of the rule of law. Under the direct influence of two practical forces of politicization and specialization, the partial autonomy and limited restriction of the contemporary legal system determines that the intersecting analysis with both autonomy and communication is becoming the more appropriate model for the study of the relationship between judiciary and ideology.