中国社会是一个身份的社会,关系在很大程度上渗透到了社会的各层面,与关系对应的关系规则是一种潜规则。关系影响司法过程实际上是关系规则与法律规则的对抗。本文首先分析了关系向司法渗透的四个途径,即亲属、感情、利益、权力。然后从传统因素、现实制度设计两个方面分析了关系影响司法过程的可能性,并在此基础上指出,清除关系规则对法制的障碍是中国法治建设的必经之路。 Chinese society is an identity society, to a large extent, the relationship between the penetration of all levels of society, and the relationship between the corresponding rules of the relationship is a unspoken rule. The relationship between judicial process and the impact of the relationship is actually the relationship between rules and legal rules of the confrontation. This article first analyzes the four ways in which the relationship infiltrates the judiciary: relatives, feelings, interests and powers. Then from the traditional factors and the design of the actual system, the paper analyzes the possibility of the influence of the judicial process on the basis of that, and on this basis points out that the removal of the obstacle to the legal system of the relationship rules is the only way for the construction of the rule of law in China.