A Study On Grass Roots Judicial Construction And Social Governance In The Republic Of China

Under the influence of foreign factors,the system,structure,custom and other aspects of the Chinese society have changed dramatically in modern times.For the government,the primary problem of social change is how to adjust the way of national governance to meet the needs of the normal operation of the government.After the 1911 Revolution,although the original feudal regime was overthrown,the newly established Republic failed to build a complete model of national governance.Founded in 1927,the Nanjing national government continued to pursue the localization of the Western model of governing the country on the basis of the Beiyang government.In this context,various models of state governance have been discussed and implemented,Eventhough the Nanjing national government emphasized the authority of the Kuomintang in the "party rule" discourse,The trend of the rule of law has not been completely abandoned,and the judicial system from the central to the local has been gradually established.There is a close relationship between grassroots judicial construction and governance at the grass-roots level in the period of Nanjing national government.To study this kind of connection,the most suitable area is Sichuan province,which has a Special history and politics in the upper reaches of the Yangtze River.In this view,this paper is oriented from the perspective of legal system construction and practice,mostly focusing on the discussion of dispute handling mode in grass-roots society,finally restore history of the grassroots disputes system in Sichuan area during the period of Republic of China.By combing,we can roughly divide the system into four parts: First,the trial system,includes the Concurrent Judicial Institution,the County judicial office system,the Local court system,the military criminal code;Second,the judicial assistance system,includes the lawyer system,the procuratorial system;Third,administrative mediation system,includes the Grass-roots mediation committee,The police station,the township Hall,the neighbourhood administrative system;Fourth,the officially recognized mediation model,includes the mediation of social groups,the clanmediation,the intermediation from the agent.The restoration and discussion of dispute settlement system is not only a summary of the historical experience of grassroots judicial construction and social governance,but also can deepens this understanding:Although the judicial system has a unified standard in the construction of modern countries,the "rule of law" can exist in parallel in different forms,the governance of the grass-roots society also varies with the form of "rule of law".