Research Of The Idea Of Responsive Law And The Institutional Innovation Of Court Lianting

This article is based on Shanghai X court LiAnTing for research object. The methodology is function and structure theory and marxist historical materialism. The basic research method is organizational analysis. Through the X court LiAnTing four institutional innovations, namely mediation system before litigation, litigation service center system, explanation after judge window system and the system of enforcing carrying out before procedure execution, analyse the background, social function and effect of these institutional innovations. Demonstrate the development process of the role of X court LiAnTing from supporting role to leading role in the court and the functions from unitary to pluralism.The development of the role and function of X court LiAnTing is connect with the changes and requirements of the social transformation and the social structure. For X court LiAnTing, social structures include external structures and internal structures. External structures include political, economic, cultural, public systems. The internal structures of the court include administrative system, trial system and executive system. These structures play an important role for the changes of the role and function of X court LiAnTing and become the power source of the institutional innovation of X court LiAnTing.By the impetus of social structure, X court LiAnTing produced a series of new system to response the requirement of social structure, which carry out and reflect the concept of "responsive law" to the judicial institutional innovations. The nature of "responsive law" idea has its special meaning in our country. Its essence is people-oriented, for the fundamental interests of the people. In order to implement the concept of "responsive law" idea into judicial institutional innovations, we must have theoretical analysis between the relationships of judicial institutional innovations and politics, judicial institutional innovations and judicial neutral, judicial institutional innovations, legality, public opinion and social development. The court creating the institutional innovations is to implement the ideology of the party requirements at the present stage. The response is not quite consciously by the court. It has distinctive push of administration. But whether the value orientation of administrative push is consistent with setting up the authority of the rule of law needs more considerations. Author believes that the innovation path of Chinese count should be satisfied with three conditions, namely the legitimacy of the institutional innovation of court, the demand of social development and the fundamental interests of the people. Only satisfied with these three conditions at the same time, the institutional innovation is consistent with the authority of the rule of law.The judicial neutrality, which is the principle of the rule of law has its special express in China. And it is the requirement for the society to look for the special institutional innovation of China.