On The Conflict And Cooperation Between Right And Authority

In the history of our country, the concept of Xinfang has a long run. In common sense, Xinfang means a kind of social behavior that members of society make personal or group appeal known to some authority with certain manners. Xinfang, as a cultural concept, continues to acquire significance from generation to generation.In April, 2004, the Supreme People's Court put forward the concept of"Xinfang of litigation"at the conference in Changsha. The original intention of raising this concept was to confine the Xinfang happens in our life, so that we can confirm the Xinfang activities happen in People's Courts at different levels, and we can separate"Xinfang of litigation"from traditional Xinfang and judicial procedure. From Xinfang to"Xinfang of litigation", it seems a habitual conservance and an artificial division in social evolution. In essence,"Xinfang of litigation"is a inevitable outcome of jurisdiction and administration in the transformation process when we step into"Rule of Law"society."Xinfang of litigation"has difficulties of times, it is hard to handle with on the basis of organization and technique.The People's Court, as a neutral state organ, should judge the controversies between parties in the principle of"no trial without complaint". Controversy means conflict of rights, once the People's Court gave judgement, the power involves in the lawsuit, it makes citizen's rights connect with judicial power. In the process of judgement or after the judgement, the controversies between citizens transfer to controversies between citizen and court because of the"Xinfang of litigation". In addition, with some reality factor, some judgement need the help of government to get fulfilled, so the court calls for the help from government, and cause the government reign behind the curtain. From this process, the authority involved in court, and cause the confrontation between rights and authorities. This article focuses on"Xinfang of litigation", it aims to discuss our own problem under the context of our country. In China, the design, function and operation of"Xinfang of litigation"as well as political culture and social ideology all are Chinese style. In this system, powers from Communist Party, Government and Court could coexist, the controversies between rights and authorities are a meaningful and significant topic.In our country, we think highly of the selection of Day from ancient, and in old times, we held special activities to express special significance. The concept of Day had been around. "Big Day", under the context of"Xinfang of litigation", means a day significant to government and citizens which includes traditional festivals and holidays, great politics negotiation days. However, because of its meaningful significance, the party and government give special maintenance to this day that original contains happiness, harmony and huge vitality. Xinfang happens in courts in this period shows difference from that in common day.A"Rule of Law"society is a democratic society filled with conflict and cooperation, which can realizes order in freedom. The fact that"Xinfang of litigation"exists in a"Rule of Law"society is to combine main part of clients with real litigation so as to promote debate in order to make litigation be accorded with personal sense of justice, which can play an important part to maintain social stability and to resolve social controversies. This word generates in activity of judicial procedure, and it undertakes political function, which appears a kind of political logic in operation. In our country, there are traditions of"no litigation"and"administration and adjudication at same time". People hope that there will be an authority to ensure substantial right fulfilled finally. It will be in a stable and harmonious status, instead of a kind of intense and controversial style to solve the problems. Nowadays, the existence of"Xinfang of litigation"is playing as a tool, it is a tool to communicate administration and justice with era. Although it eliminates confrontation of citizens, the judiciary changes into confrontation part from authority. This kind of value orientation becomes base of"Xinfang of litigation"which is in accordance with tradition of our country, but it deviates modern"Rule of Law"idea.Tool itself is not authority, it is a kind of object which can meet our requirement in specific time. In view of its value, the advantages are always accompanied with disadvantages, when we need it, we can find its function."Xinfang of litigation"is treated as a tool, which can not deserve respect by people, so it will generate endless conflicts. Perhaps for the conflict of right and authority, it is in the period of silence at present, there will be a period of explosion afterwards. We should entirely discuss right and power which actually exist in"Xinfang of litigation"system, so that we will not encounter the breaking out of conflicts. We must legislate for"Xinfang of litigation"to reduce conflicts, to enhance cooperation and strengthen authority so as to make it run in stability and in expectation.