Functional Superposition And Functional Failure

With the deepening of the economic system reform and the continuous development of the market economy,the social structure,the pattern of interests and the mode of distribution of our country are becoming more and more diversified,and profound changes of people's way of life and ideology have also taken place.This feature is particularly obvious,especially in rural areas.A series of problems,such as the intensification of urban-rural mobility,the low capacity of rural governance and the increasing conflicts and disputes in rural areas,reflect the disconnection between the current mechanism of rural governance and the reality of rapidly developing rural society.what's more,the model of rural governance needs to be reconstructed eagerly.As an important power in the settlement of rural disputes under the guidance of the government,the judicial office,which plays an indispensable role in innovating the mode of governance in rural society and improving the level of governance,is located in the dual field of the national administration of justice and the local society,and has the double imprint of the country and the countryside.However,the function of township judicial offices in rural governance has been seriously underestimated for a long time.Under the background of innovating the social governance system and implementing the“village rejuvenation”strategy,how does the judicial office play its role and resolve disputes?And how does the judicial office coordinate the two different kinds of social resources of law and local society so as to enhance the function of the judicial office in rural governance.This is the core issue which will be studied in this paper.In addition to the introduction and conclusion,the paper is divided into four parts:The first part indicates that what role the judicial office play in the rural social governance currently under the new situation.Firstly,it points out the failure of the mode of traditional governance in the transformation of rural society,clarifies the advantages of the local resources in the rural dispute resolution by judicial office,and expounds the role orientation and functional expectation.The second part investigates the actual operation of the function of the judicial office in our country.The social field that the judicial office is located in the rural governance determines the practical logic of judicial administration under the bidirectional pressure.Thejudicial office,which is regarded as the end of the power of the judicial administration system in township agencies,undertakes many tasks including dispute mediation,law popularization,community correction,legal service,participation in comprehensive management of society,etc.Too much excessive social functions seriously affected the real functioning of its own functions.The third part is the analysis of the practical difficulties in the functioning of the judicial office.Taking the Hongshan township judicial office as the observation sample,the paper points out that there exists the phenomenon of functional superposition and functional failure in judicial office's practice,and analyzes the causes through the actual investigation and analysis of the function operation of the judicial office,from the system setting,the function operation,the daily management,human resources and other aspects.The fourth part is coordinating and integrating the functions of the judicial office under the context of rural governance.In view of the problems existing in the exertion of the functions of the township judicial office in our country at present,this paper puts forward that the function orientation of the judicial office in the rural governance should be clearly defined,the authority of the judicial office in the rural governance should be rebuilt,the organizational structure should be perfected,the supply of supporting facilities should be strengthened and the evaluation system for judicial administration should be improved,in order to explore the path which will perfect judicial office's function.