The Research Of Transformation Of Rural Tribunal

The rural tribunal is a unique judicial system existing only in China.The original meaning of tribunal is the place or organization of judicial trial.The rural tribunal system has undergone a long and complicated transformation process in its nature,tasks and functions.In the early stages of the Chinese revolution,the creative introduction of theater courts into the revolutionary struggle resulted in the creation of an independent institution.The Revolutionary Court had lasted for a long period until new China was founded.The court became an important tool to suppress the counter-revolutionary in political movements such as "Three Opposition","Five Opposition" etc.Since then,the court has turned from a specialized tool to a permanent institution,and acts as the dispatching organ of Chinese judicial system.Therefore,the rural tribunal has essential characteristics of people's nature and is an important product of "legislative and political tradition." The rural tribunal,as a dispatched institution of China's judicial system,includes both the rural tribunals established in countryside and towns,and ones set up in cities.The former has always been rooted in rural areas associated closely with rural areas,farmers,and agriculture.It has been actively involved in grass-roots political power construction and social governance while trying to resolve rural conflicts and disputes through case review,and has made important contributions to the governance of rural society.After the reform and opening up,the rural tribunal has witnessed great changes,like the process of withdrawal,addition and so on,and transformed gradually into a specialized and standardized judicial institution.It is certain that the rural tribunal,as an important tool for national and social governance,has always been developing.Since the founding of PRC,the country's rural areas have experienced different stages of governance,such as collectivization governance,village governance,and so on.As one of the governance tools,the rural tribunal has formed different functional priorities and governance models at different stages.These models have specific historical stages.Its rationality also played an important role.At present,with the modernization of national governance capacity and governance system and the comprehensive deepening of the strategy for governing the country by law,the rural tribunal is an important force for people's courts to hear cases and participate in social governance,as well as important channels for people's courts to sense the judicial needs of the people and to listen to public opinions.In the new era of advancing the modernization of the governance model with the rule of law at its core,meeting the new demands from the contradictions and disputes in the rural society and new forms of economic and social development,the rural tribunal must respond to governance and advance the dispute resolution function.The current transformation of the rural tribunal approach is as following:the transformation of the governance function,the fair and efficient exercise of the constitutional and legally assigned trial functions,more comprehensive and full realization of the judiciary for the people,promoting the construction of a socialist country under the rule of law and so on.In the final analysis,the rural tribunal will implement the goal of governance through law enforcement.In function,it must be balanced appropriately for the relationship between trial and mediation.Following the legal principle that the trial function is the core,it is indispensible to promote the regularization of dispute resolution,the transition of the concept of justice from "substantial justice" to "formal justice",to change from "case approval" to "restriction of procedural rights",to realize the rural tribunal from "special justice" to "universal justice".The gradual return of justice will further clarify the functions and give full play to the role of justice in guiding,promoting and safeguarding the multiple resolution mechanism of contradictions and disputes.It will establish and improve the construction of non-litigious dispute resolution mechanisms and promote the perfection of mechanisms for ADR.In terms of internal governance,the rural tribunal is an important part of the court hierarchy system and the end of the operation.Under the background of promoting the reform of the operation mechanism of the trial power,we must further optimize the establishment of the rural tribunal,improve the internal governance mechanism,and promote the reform of the operation of the trial power.It must be innovated for the appraisal management system from project settings,indicator design,and data collection,and it should be established a more scientific and reasonable appraisal system which is more in line with the laws of justice,embodies the characteristics and goals of the rural tribunal,and promotes the improvement of rural tribunals' governance effectiveness.It has been proposed to build a social governance structure that builds common governance and sharing,and pushes the focus of social governance down to the grassroots level in the 19th CPC National Congress.The rural tribunal is an important part of grassroots governance.The ways and means by which rural tribunals participate in social governance must be strengthend and improved.In the process of participating in social governance,they must use rationality and norms as their target requirements,and try to focus on trials in the external relations organized by the courts.With precision governance as the main idea of Reshaping its own participation methods,the promotion of specialized trial functions to participate in governance support capabilities,and strengthening the guidance function of rules to resolve contradictions,the concept and system of national law will be pushed to the capillaries of the society and be properly established.The authority of the rule of law provides a specialized legal strength for grassroots governance.