Expression In The Crevice: The Study Of The Township Judicial Institute's Behavior

Township judicial institute simultaneously is in the national judicature administration field and the village community playing a dual role. On the one hand, the realization of rule of law in rural community is an important component to build a modern democracy and building the grass-roots unit and judiciary institute is a significant effort to extend state authority power to rural community and then to safeguard the order of national unity. Township judicial shoulders a heavy burden of the realization of rule of law and has become the spokesman of "the state laws". On the other hand, "the folk laws" in rural community cannot supervise everything as plentiful of folk laws still exist or are reviving. Furthermore, the judicial officials in judiciary institute have limited law knowledge. Therefore, under many circumstances the state laws have to be practices in rural community as the folk laws are practiced. Township judiciary has been branded with both "the state" and "village", existing in the institutional crevice with its expressive method of balance and interaction between the the rule of law and life in the country.The thesis tends to investigate the expressive technique of judiciary institute existing between the state laws and folk laws from the perspective of judicial institute rather than argues whether the state laws or folk laws are better. Perhaps the thesis could provide an appropriate approach of adjustment for the benign interaction between the state laws and folk laws and between the country and society.The thesis integrates the methods of empirical research and theoretical analysis, mainly consisting four parts. The first part elaborates that judicial institute has been enlisted in the process of formatting transformation of rural community under the rule of law context. The second part describes the situation that township judicial is facing the tradition of a large number of folk laws and the lack of rule of law in rural community. The third part points out the fact that judicial institute exists in the tension between the state laws and folk laws. The fourth part concludes from empirical analysis that judicial institute seeks essential balance and interaction between the rule of law and the life in the country. The expression between them is its strategy as well as its behavioral characteristic.The last part is the end.