Private Prosecutions Research In Countryside

As everyone knows, with the rapidly development of economy, today "bring to justice " has been a kind of public belief. But if such a "public belief "wanted to be carried out exactly, it should be implement in both legal system and legal technology . Whichever great legal principle will not put into practice effectively without the guarantee of legal system , legal technology and the background of the enforcement of law , especially in the countryside .At the point of the current situations of legal study in China , most of the learners are using the advanced legal system of other countries for reference , special emphasis is laid on standard legal study ; and at the point of the current legal development conditions of our country , to a great extent, modern legal system is most applicable in the cities , while legislative settings , awareness of legal system and the enforcement of the legal system is hard to be introduced to the countryside. Legal system is brought about from society , its practice may apply to one or some legal study achievements , but not inevitable or even imperative , none law can be made without contraction with reality and native cultural background . Among the problems in China, the most happened and the most serious are the rural ones . The most important task of rural modernization is to modernize the countryside and the legal system . And concerning modernization of legal system , the significance of our Chinese judicial department is the grass-roots unit , which reflects the complicated relations between law and social reality more directly, lively and clearly . So it is essential to study the rural legal system when you study Chinese law. You ought to study the rural problems on the basic of considering Chinese cultural background, then put forward a way to overcome them. It will exerta theoretical and realistic significance to the development of contemporary Chinese legal system.In this paper , the author through making a thorough investigation and study on present conditions of rural private prosecutions , the tiredness of people who initiates a private prosecution, the hardness of appearance in court as a witness , the protect of injured people's rights and interests , showing the peasants' legal modes of thought, the ways of solving issues in countryside , the perplexity of trying cases by court one by one and analyzing them individually , further , delineating the conflicts between the guiding ideology of nowadays' legislation , awareness of the legal system and the enforcement of law in the process of rural legalization. Meanwhile the writer clarifies his own views to a further step . As the judicial aim , how can fairness and efficiency widespread in the countryside ? Whether legislatures , legal academic circles , judicial circles should consider the basics of the rural legal system in the world of today? No doubt that all are equal before the law , but would it solve the rural problems ? The writer strongly appeals for that while the practicing rural judicial issues into account based on facts , get to know the situations of present rural judicature , and the effects both in legal field and social field during the process of carrying out the law in the countryside . Though the development of legal system is irresistible , the traditional Chinese culture cannot be threw away . So when making the judicial theories , we should proceed from actual conditions , not only considering the city , but the countryside . After all, there're 900 000 000 peasants among 1 300 000 000 Chinese , who live the most suffering and poor life with the least conscious of law and need legal help most.As central government pays attention to the countryside , the rural issues relate to "agriculture , countryside, peasants "are on the increase . "As a matter of fact, the issues related to 'agriculture , countryside, peasants 'have been a main factor affecting the Chinese coming modernization , and they have had to do with whether the existing modernization can be maintained or not . The achievements through 20 years' reforming and opening may be ruined in a moment . " So far , the try of grass—roots court on the methods of solving rural issues has great clash concerned to the people's habits , and requires the judicial departments study the rural issues ,change the judicial sense , emancipate judicial mind , break the old—fashioned legal sense and methods , standardize the rural judicature , find the judicial way of solving issues , solve the problems existed in the judicial process , which reflects the aim of "judicature for people ", and the rural issues can be well solved.