Study On Status Quo Of Judges' Pressure In Grass-roots Court

In the background of building a socialist harmonious society under the rule of law in the process of nation-building among the lower courts in China to their professional legal knowledge and keen sense, as the most basic part of the judicial system while working hard. With the rapid economic development across the country, more and more continue to emerge out of civil disputes, the courts all over the grass-roots surge in the number of civil cases received each year. Overview of the relevant lower courts over the past decade the domestic media coverage and academic papers is not difficult to find that the survival status of China's lower courts can be summarized in three words: "pressure." Almost every solemn dignity behind the lower courts,Are working day in excess, poor mental and physical condition of all reality. Mediation and adjudication of the embarrassing dilemma of the Chinese judicial practice gradually trouble. Through months of Dayi County, Sichuan Province People's Court Judge of the Court Members observation and interviews with grass-roots, the author has accumulated and sorted out a series of grass-roots level can reflect the real status of the material existence of judges and the jurisdiction from which to analyze the cause Some can not be independent of the main reasons: first, the daily work, "the mediation light sentence," resulting in dislocation of the social role of judges; second, receive data from the higher court's assessment targets and tasks too heavy, not easily judge the next sentence. Whether the system of judicial review within the system set the tone unreasonable, or inappropriate system of judicial supervision, Grass-roots pressure on word that the judge is not independent exercise of the jurisdiction of the judge. This is the core of this paper. Judicial independence in practice, as the embodiment of judicial independence if affected, how to talk to justice through the law, not to mention the rule of law. Therefore, the survival status of the lower courts were based on research, this paper aims to establish basic tone of the court trial separation system, reforming the examination system, and several other aspects of the judges to the lower courts have "decompression", the jurisdiction completely back to the judge.The academic research or for the lower courts have adopted a relatively high initial perspective on the theoretical analysis, practical work or the specific operation of the proposal, on the whole survival of the absence of a status lower courts and in-depth description of careful observation, which difficult to find lower courts have confronted the plight of the grassroots justice is the real reason behind the what. So I used a "narrative may wish to detail, but the conclusion is to look far despite the recent" and "thick description" of the narrative approach, through interviews and questionnaires, truly demonstrates the survival of China's lower courts, analyzed the formation pressure The reasons and theories put forward proposals on how decompression.Hope that this method of sociology and anthropology of law approach to the construction of the Chinese court system and improvement to provide some theoretical and empirical two-reference.