The Modernity Return Of The Way Of Ma's Trial

With the ever-accelerating pace of globalization, China has been embracing the modernization. Hence, politics and cultures are also altering in accordance with the rapidly-growing economy. In recent years, the process of legal system has been greatly improved as well as the sense of legal system has gone deeply into the people's mind. On the other hand, a large number of law cases which have gone through formal judicial procedures have not solved the social conflicts once and for all, nor has the people's degree of satisfaction been promoted. Therefore, it is safe to say that an integral legal system is far from ensuring the ultimate purpose of legal construction, and all the procedures and regulations can never settle down the conflicts. Rule of law is an ideal and a reality as well. It is a set of well-appointed system, and it also displays the fundamental rights of the public, the sound structure of a state power, and the actual operation and protection of a system construction in line with the idea of "rule of law". In a sense, the ultimate goal of rule of law is to ensure human rights and civil suit is closely connected with the people's interests. It is of great significance to explore the legal construction and the legal administration through the study of civil suit. While there are piles of legal cases in which the legitimate procedures are unable to deal with conflicts, again Ma Xiwu's case shows up in the realm of criminal justice. Though the way of his trial has been away during the legal procedure reformation, the spirit of seeking the truth, the scientific attitude of depending on and serving the public, the peacefulness of judicial means and the social influence of conflict solution have a major significance. The author holds that the way of Ma's trial is not opposite to the heart of modern procedural regime. It has great realistic meaning and theoretical value to do the further discussion. The author has studied this way of trial to find out the social background and sensibility and work out the quintessence and historic importance. Following that, the author analyses the change of the way from the popularity to unpopularity, that is to say, the historic limits, the reformation of civil trial and its own defects. However, it does not follow that we could abandon its quintessence just because of its decline. In the exterior environment of unbalanced development of modern judicial system and the interior environment of its disadvantages, we should advocate the return of the way of Ma's trial because of its idea of legislating for the people, the diversification of the ways of trial and the justice of the result of trial. We certainly should not just copy that, instead we should remold it to our demands. In the final part, the author restates the modernity return of the way of Ma's trial with regard to the simplification of judicial procedures, the circuit system, the improvement of jury system, the establishment of convenience-for-people measures, and the cultivation of consciousness of citizenship.