市场经济体制的最终确立,必将带来经济基础和上层建筑各个领域的深刻变化,法律的保障和服务作用将愈来愈重要。当前,各级法院正充分发挥职能作用创造稳定环境,引导市场行为,服务经济建设。但是,我们也应该看到,由于部分法院干部对市场经济不熟悉,不了解,不全面领会和掌握市场经济理论,加之现行部分法律法规不适应市场经济发展要求,在审判工作中出现了一些与严肃执法、正确执法不相一致的倾向,如果不切实加以纠正,将可能导致不严格依法而仅凭主观想象办事,制约市场经济发展,影响整个经济建设大局。笔者通过调查了解,特将这几种不当的倾向加以归纳,以达抛砖引玉之目的。 一、过分强调维护当事人的合法权益而不认真确定风险责任 人民法院的主要任务之一就是保护合法,制裁违法,切 The ultimate establishment of the market economy system will surely bring about profound changes in the economic base and in all fields of the superstructure. The protection of law and the service function will become increasingly important. At present, courts at all levels are giving full play to their functions and functions to create a stable environment, guiding market behavior and serving economic construction. However, we should also see that some of the court cadres are unfamiliar with the market economy, do not understand and do not fully grasp and grasp the theory of the market economy. In addition, some existing laws and regulations do not meet the requirements of the market economy. In the trial work, some If we do not correct them properly, we will likely result in not strictly following the law and acting only on subjective imagination, restricting the development of market economy and affecting the overall economic construction. The author through investigation and understanding, especially these improper tendencies to be summarized in order to achieve the goal. First, over-emphasize the maintenance of the legitimate rights and interests of the parties without serious responsibility for risk One of the main tasks of the people’s court is to protect the law, sanctions against the law, cut