司法独立构成了美国作为法治国家的基本制度基础,而美国国民所具有的法律至上精神对造就一个理想的法治社会也是不可或缺的重要因素。本世纪下半叶特别是70年代以来,令美国人引以自豪的法律至上精神发生了嬗变,正在走向它的极端-新法律至上主义,并由此引发了“诉讼爆炸”现象和法治危机。我国在向着法治国家的目标迈进时,应该参考美国的经验和教训 The independence of the judiciary constitutes the basic institutional foundation for the United States as a country governed by the rule of law. The spirit of the supremacy of law enjoyed by the American nationals is also an indispensable factor in creating an ideal society ruled by law. Since the second half of this century, and especially from the 1970s, the spirit of law that Americans have been proud of has undergone a change. It is moving toward its extremist - new legal supremacist. This has led to the phenomenon of “litigation explosion” and the crisis of the rule of law. When our country strides toward the goal of a country governed by the rule of law, we should make reference to the experience and lessons of the United States