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A Political Investigation On Court Ritual In Contemporary China

Posted on:2018-06-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z ZhangFull Text:PDF
GTID:1366330542468366Subject:Political Theory
Abstract/Summary:PDF Full Text Request
As for the law,its manifestation of the pursuit of justice is not only reflected in the legal text,but also reflected in the process of judicial operation.People need to experience a certain process in order to fully perceive the existence of justice,and then transform it into their inner faith.We call this process as legal ritual.The legal rituals embody the various ways in which the law is presented.The most important part comes from the court trialing.The court ritual is a process of presenting the symbolic system and the behavioral state of the judicial authority in a closed court field,in accordance with established set of rules and procedures.The symbol system of court ceremony consists of the court landscape,court space,costume and props,text and language,behavior and order.These symbols constitute a close linkage system,to present the court investigation,court debate,statements to the verdict and other aspects of the entire ritual process.It should be said that the dignity and justice of the law are communicated to the participants through the process of court rituals.This is an important feature of the ritual of the court as a legal ritual,distinguished from the ordinary political ritual.To win the public's authority over the judicial authority through one and another fair judgment,the court ritual establishes the authority of the law and the legitimacy of the regime.With the effective advancement of judicial reform in our country,the judicial staff began to follow the existing rules to show the ritual of legal practice.This indicates that the symbolic symbols of the court ritual played an important role in the construction of the rule of law in Contemporary China.But there are some problems inthe actual operations of the court ritual.These problems reflect a deeper problem of the meaning of the symbolic meaning of the Chinese court ritual,as well as the implied social emotions are inherently inconsistent with the true spirit and concept of the rule of law.This is the result of the joint action among the illusion of the judicial system,the popularization of the popularization of justice and the secret effect of traditional legal culture.This is contrary to the norms and unity required by the judicial ritual,solemn and serious,and the divine right.There are six chapters.The introduction mainly expounds the original intention of studying court ritual in Contemporary China and then puts forward the importance of the court ritual research,which is to establish the authority of the rule of law and break the dilemma of faith in law.The literature review summarizes the development of the rituals,political ceremonies and court rituals in the major subjects of the East and the West,and analyzes the research pedigree in this field comprehensively.This chapter also explains the demonstration method,analysis path and demonstration framework of this paper.Chapter 2 mainly analyzes the basic theory of court ritual research and clarifies the concept and characteristics of court rituals,and analyzes the relationship between court ritual and drama.Chapter 3 begins with the analysis of the elements of the court ritual,and its analysis focuses on the court building.Through the spy of the historical development of the Eastern and Western courts,this paper explains the important symbolic role of the court in the history of human rule of law.In the following part,it analyses the static and dynamic symbolic systems of Court Ritual from the perspective of interior symbols.Through the analysis of the symbolic system,the symbolic function and the symbolic meaning of the court ritual are obtained,and the social function of the court ritual is emphasized.Chapter 4 analyzes the interaction between court ritual and judicial authority from the dynamic operation of court ritual,focusing on the judges,procedures,judgments in the judicial authority to achieve the important role.In the discourse of the judges in the courtroom occupation of this discourse,a case study was conducted to analyze the discourse power of the discourse and the judge.The chapter also discusses the peace of the program under the suppression of rational and substantive justice of the ritual presentation.Chapter 5 restores the perspective from the inside of the courtroom to the social environment,focusing on the plight of the court ritual in the real operation.On the one hand,the popularity of justice makes an effect.On the other hand,the designs of the judicial system design defects have become obstacles.Furthermore,traditional legal culture also has a secret effect on the development of court rituals.Chapter 6,from the perspective of judicial reform,put forward the reform vision of court ritual development.The analysis is the following three aspects:the professionalization of the judge,the reorganization of the judicial theater and the establishment of the legal belief.It comes to a conclusion that the ritual is the only way of legal faith.The final part is conclusions.It is hoped that through the final establishment of the modern court ritual,the rites and the judicial authority will be mutually influenced and will be completed in order to complete the construction of the rule of law through the ceremony.
Keywords/Search Tags:Court ritual, symbols, Judicial authority, Judicial theater
PDF Full Text Request
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