Research On The Nonviolence Resistsmce Of Judicial Field In China

Under the political background of comprehensively advancing the rule of law,the judicial reform is proceeding in full swing and with great axe.The rule of law China is gradually being built.The contact with Ms Zhang's desperate "nonviolent anti-law" and the touch of the drama "Antigone" in his work are the direct triggers of the issue of non-violence resistance in the Chinese judicial field.The phenomenon of non-violent anti-law in the judicial field in China has risen.Non-violent resistance to law is a deliberate and rational challenge to the dignity of the law and the authority of the state.It is a close connection between the state and society,and it is a serious breach of the rule of law.As the ultimate relief route and the ultimate defense line of justice,the court should have sufficient judicial authority and strong judicial credibility,and should not be the object of resistance to law in all state organs.However,in the judicial practice,non-violent anti-law phenomenon is not uncommon,especially in the trial and execution links.Therefore,compared to the non-violent resistance that occurred in the activities of other state organs,the non-violent resistance in the judicial field more prominently reflects the major issues facing the current construction of the rule of law in China,and it is also a problem that must be met and resolved in the raging judicial reform..Therefore,it is necessary to thoroughly analyze the reasons for the people's resort to non-violent resistance to the law and the logic behind it,and to judge the value and function of non-violent resistance to the law,and further explore the strategies adopted by the Chinese government and judicial authorities,and how to fundamentally Effective governance of nonviolent anti-law phenomena in the judicial field.Through the investigation and non-violence investigation of the non-violence in the judicial field in Guangdong Province,which is located in the economically developed region of the Pearl River Delta,as well as the acquisition of first-hand materials,the author first studied the basic pattern of non-violent resistance to law in the judicial sector of S City.With the help of a graphic display,the city ' s non-violence resistance laws in the judicial field mainly include non-violence and anti-jurisdictional issues,complex and non-violent resistance to the main body,non-violent anti-law incidents with prominent group characteristics,and non-violent resistance to law.The characteristics of "professionalization" and "professionalization" and the unexpectedness and premeditatedness of non-violent resistance to law can be classified from the normative point of view into rights-based non-violent anti-law,welfare-type non-violent anti-law,and unfairness.Nonviolent anti-law behavior and non-violent anti-law law that should bear legal responsibility and non-violent anti-law non-legal responsibility,group non-violent anti-law and non-violence non-violent resistance,anti-violence non-violent resistance and self-harm Non-violent anti-law and other basic types.The data obtained by S city surveys and the current state of non-violence resistance in the judicial field may serve as a typical sample of non-violent resistance in the Chinese judicial sector.Secondly,on the basis of the empirical materials presented in the survey,the author tried to carry out a semantic analysis and theoretical refinement of the concept of “violence-resistant law in the judicial field”,mainly from the expression of non-violent resistance to law,the meaning of non-violent resistance,and non-violence.The conditions of violent resistance to the law and the non-violent resistance to the judiciary have begun to compare and analyze the concepts of nonviolent anti-law and civil disobedience.They believe that non-violent anti-law can be either a secret rebellion or a public one.The revolt;may be a legitimate resistance,it may be illegal resistance.The non-violence resistance method and Rawls' s civil disobedience are both cross-existent and essentially different: 1.The former can be either legal or illegal,while the latter can only be illegal;2.The former can Both public and secret methods are adopted,while the latter can only be conducted in an open manner;3.The former does not necessarily voluntarily accept the punishment of the law,while the latter voluntarily accepts legal punishment.The non-violent anti-law and civil disobedience theories exist in the academic community at the same time,and the nuances are the key points that I personally describe in this section.It is believed that the expression of non-violence and resistance to law can better cover the subject of this study—the anti-law behavior in the judicial field.By combing the interpretation of non-violent anti-law by scholars at home and abroad,we believe that non-violent anti-law has broad and narrow sense.The broad sense of non-violent resistance includes the rejection of conscience,and the narrow sense of non-violent resistance refers to the political violation of law in order to change laws or policies.In the end,the paper discusses the object of study of the dissertation—the nonviolence resistance method in the judicial field,defining the extension of nonviolence resistance,and outlines its basic characteristics.Once again,it elaborates the function of nonviolent anti-law in the judicial field.The function of nonviolent anti-law refers to the objective existence of nonviolent anti-law remedy on society,which is manifested as negative influence and positive influence.As a phenomenon of social conflict,non-violent resistance to law does not exist in isolation.It has a certain influence on society as a whole and on all components of society.Resisting "draconian law" does not necessarily lead to anarchy,and to a certain extent it has positive significance for the development of society.By citing sociologists' research results in conflict theory,the author emphasizes on expounding the function of nonviolent anti-law in social control.In fact,social conflicts including non-violent anti-law are one of the important research areas in current sociology of the West.The conflict theory system has been formed and is complete.With the help of the “relief valve” theory,certain conflicts,disputes,and disputes within the society are precisely helping to ease the tension in society.First,aiming at real-life conflicts,nonviolent anti-law methods place conflicts under social control and reconstruct the relationship between conflicters.Second,for non-realistic conflicts,the non-violent anti-law approach serves to express different appeals and resolve conflicts.Therefore,the existence of certain conflicts under certain conditions should be allowed or even encouraged in order to alleviate the accumulation of social hostility.Non-violence resistance can obviously play a positive role as a “relief valve”.In the judicial field of non-violent anti-law phenomenon,the use of relevant methods and models in economics,the main use of mainstream law and economics "cost-benefit" model and game theory model for analysis.Specific use of the basic models,optimistic models,screening models,external role models and other sub-models from the perspective of cost,benefits,efficiency,mechanisms,functions and other aspects of the judicial field of non-violent anti-law and litigation relief system systematic,comprehensive,in-depth In comparison,under the path of cost-effective research,the litigation system allows the parties to bear high litigation costs,but the actual benefits are too low,and at the same time bear the risk of unpredictable verdict results;through the analysis of efficiency mechanisms,the effectiveness of litigation remedies is weaker.The long period and the lack of judicial credibility eventually led the parties to prefer non-violent anti-law relief.Therefore,the non-violent resistance to justice in the judicial field implies an economic logic.Individuals can not only avoid expensive litigation costs,but also to some extent vent their own moral feelings of pursuing inner "justice." From the game theory model point of view,non-violent anti-law opponents and their rebellious objects are the Nash equilibrium after passing through multiple games under Prisoner's dilemma,and from non-cooperative games to cooperative games.Finally,after analyzing the causes of the non-violent resistance to the Chinese judiciary,the “Correction mechanism for nonviolent resistance to the Chinese judiciary” was proposed.The occurrence of non-violence and resistance to law contains many factors such as traditional culture with Chinese characteristics,social transformation,legislation status,and judicial capacity.Formally speaking,this kind of behavior is a concrete manifestation of the public's expression of demands and struggle for rights.A Typical "Nigel Phenomenon" Produced During Social Transition.Judging from the root cause of social corrections,it is necessary to discard the traditional legal culture,reposition the traditional legal culture,and at the same time carry out appropriate innovation and continuation of the traditional legal culture;under the enlightenment of the “poor people economics,” We will improve our country's social security system and solve the most basic people's livelihood issues.At the legislative level,it is necessary to constantly improve the legal system and provide appropriate basis for judicial activities to make fair decisions.At the judicial level,it basically guarantees the independent operation of the judicial power,establishes and improves the judicial responsibility system,the “de-administration” of the operation of judicial power,the “de-localization” of judicial power,the promotion of judicial efficiency,and the introduction of multiple dispute resolution mechanisms.We must adhere to the principles of openness in the judiciary and the establishment of judicial authority.