Research On The Rural Tribunal

In this paper, the author try to explain the judicial system, especially the mode of rural people's tribunal operation and the problem the tribunal facing, from the perspective of the theory of nation-building, by the way of description of china history of nation-building. It is altogether divided into five chapters and a conclusion, the main ideas will be outlined below:The first chapter introduces the theory of nation-building, and that how the scholars apply the theory to explain China's practice of nation-building and to develop the theory. From the process of nation-building in china, we can know that, rural people's court is closely related to the construction of state. At the presence, china's nation-building should to establish the legitimacy of state power on the law and put the law to practice, that is rule of law. The task of rural people's court should be:to provide adequate judicial relief for the rights of farmers, in order to strengthen the recognition of farmers on state authority and loyalty which will consolidate the legitimacy of state power.In the second chapter, the paper explain the reformation of judicial from the perspective of the two aspects of the Principle of Tow Convenience:to convenient for people and to facilitate the court proceedings trials. These two aspects is could not always be integrated. In many occasions, to convenient for people is not going to facilitate the court proceedings and trials, and to facilitate the court proceedings trials is not going to convenient for people. That is, especially since the reform and opening-up, the two aspects of the principles can not be completely uniformed. The judicial reformation oriented by modernization of justice since the late eighties, to some contents, convenient for the trial of court, but gave the difficulty increased to the farmer. The principle of three supreme proposed to make some facilitate for the masses of rural people, which means that some change has been taken place in rural court.In the third chapter, the paper focuses on the major pattern of dispute resolution in rural people's court-judicial mediation. The cause of wide-application of judicial mediation is that the law itself can not be agreed by farmers, which is because very few farmers' interests and aspirations can be timely and fully reflected in the legislative process, and the shortcomings of the judicial system, include the problem of judicial localism and judicial administrativism. Because the laws and regulations has not been recognized by farmers, judicial mediation had been a effective method to avoid such problem in the practice of rural people's court, and a channel of political participation for masses, and thus makes itself in fact performed a political functions of integrating the interests of farmers. However, the political function of judicial mediation will make the results of judicial uncertainable and unpredictable. The fundamental solution lies in the improvement of democracy system and the maturity of political market.In the fourth chapter, the paper discusses the issue of justice localism of rural people's court. Primary localization of the judicial system is the most important disease of the judicial system, and its reason is lies in that the central-local decentralization process of china's state-building. The power that gave to the local government to develop local economics, has became the power to make money and rob from farmers and violate the law. The judiciary system vested at the local government, was limited to provide protection and relief for farmers'rights. So, judicial reform should be accordance with the decentralization system, and the feasible reformation is to establish central and local judicial system, in order that farmers can apply for central judiciary to protect its rights though the judicial procedure. And, By this way the central judicial institution could supervise the local judiciary through review of the local judicial case.In the last chapter, the paper discusses the problem of judicial administrativism of rural people's court. The paper take the opinion that the administrative phenomenon occurred in the practice of judicial is largely caused by the model of state-building in past years, which insist that the government led the economics development, and the power of executive is the central of state power. So, the power of judicial should be led by the administration power. Judicial administrationism has led to such consequence:make the judicial power not conducive to the protection of civil rights and remedies. The problem of administrationism and localization injustice system are interrelated, therefore, the reform to un-administrationism of justice system should respect the interest of local government, and make the judiciary system independent on the state administrative organs.