Judiciary Of He Street: The Grass-root Political-legal Logic Of China

Based on the field investigation on the He Street judicial office of the Feng city, Jiang Xi province, this paper systematically examines the vivid appearance of the judicial office in judicial practice at the grass-roots: the changes of the dispute settlement mechanism, the practice of the administrative agency form, the specific features of the publicity, the action and strategy of each party in the handling of complaint reporting. Further, from nowadays to the past and from local to the whole country, this article makes a deeply and comprehensive analysis on the history of judicial offices and the distress situation of present, and then explores the problems of it,which is based on the spectrum of political science and the whole of grass-roots political ecology. Through the display and analysis of the grassroots judicial, this paper attempts to explore the judicial logic hidden in the grassroots judicial, and improve the existing grass-roots judicial theory.This article includes eight chapters. As a starting point, the first chapter introduces the origin, object, method and the replacement samples of this topic, and analyses the existing literature and theory. Chapter two to five specifically display the practice of the Hejie judicial office.The second chapter analyses the development of the judicial offices’ mediation mechanism through the practice of the He Street judicial office, and concludes that judicial offices’ mediation is essentially an administrative mediation. China’s grassroots mediation mechanism has experienced from the autonomy mediation, political mediation to the administrative mediation. And after years of legal system construction, the mediation of the Hejie judicial office presents some new characteristics. Through the changes of the judicial offices’ mediation mechanism, this chapter points out that the judicial offices’ mediation follows the " political and legal logic " which is different from the court judicial.The third chapter examines the mechanism of the administrative agency and its strategic action through a typical case, and discusses the reasons of enterprise cooperation in the method of game theory. Finally, this chapter points out the Implied and concerned problems of the administrative agent in institutionalization, legitimacy and rationality and supply.The fourth chapter embarks from the work experience of a judicial office’s director, through the story of the settlement of a dispute, sums up the strategic action of one party and the specific types of governments’ governs, then dig up the systematic causes of the disputes, and finally concludes the grass-roots petition governance follows the logic which is formally "in accordance with the law", but a "AD hoc" governance in essence.The fifth chapter focuses on thecand the rule of law. By placing the law dissemination into the background of social transformation, this chapter reviews the origin and development of the law dissemination, and returns to the practice of Feng city and Hejie town, analyzes the problems in law dissemination, puts forward some concrete improvement proposals and points out the future direction of the law dissemination. Finally this chapter concluded that, to break through the existing paradoxes and limitations in law dissemination, it is necessary to combine the law dissemination with the rule of law in the levels of the legislative, judicial and law enforcement.The sixth and seventh Chapter tries to analyze the judicial offices as a whole. Chapter six analyses the historical trace of the judicial offices and all kinds of interests between judicial offices and legal service agencies. On this basis, this chapter examines the system and the operation situation of judicial offices, and points out the contradiction between the extension and expansion of state power and the resource supply which exists in daily operation of judicial offices. The seventh chapter, at the center of the judicial offices, analyses the grass-roots lineage of politics and law, and tries to observe the development and the operational problems of China’s grassroots politics through the judicial offices.The last chapter summarizes the political and legal logic of China’s grass-roots justice, and points out that the logic of political and legal logic embodies the restriction and interaction between political ideology and its factors. and in the context of rule by law is increasingly emphasized the rule of law in the form of socialism, the balance between of politics and law gradually highlighted from one end of the essence of socialist rule of law to form the other end of the rule of law.