A New Form Of Judicial Spatial Structure Of Chinese Society

The judicial space structure has a significant impact on how to use the judicial power, just as the blueprint is a key factor of building a house.There have been two kinds of judicial space structures, called "Square" and "Theatre". Both of them were not created out of nothing but the social foundation. In the primitive society, most of the citizens constructed judicial space of "Square", and the powerful and faithful legal community, as the king of Law’s Empire, shaped the judicial space into "Theatre" after the modern transformation.Now, Chinese society is transformed or transforming, so is the judicial space structure of China, which means that there may be a new style of judicial space structure born or created.On the one hand, risk society, consumer society and network society have tangled together and become the three important factors of Chinese society. On the other hand, in the fact, the Chinese judicial decisions and justice system of China have been leaded by functional ism, which resulted for the Chinese traditional legal culture and Chinese Marxism. Combining this two sides into one, something different from both "Square" and "Theatre" is appeared.Not only are the features of the new unmatched to the characteristics of the two old kinds of judicial space structures, but the function of the new structure is quite different from the other two. The argument and parameter of functions of "Square" and "Theatre" are "the number of adjudicator" and "state power", and the difference of the two linear functions is the slope. However, if we use "the number of adjudicator" and "state power" as the arguments or parameters in the function of the new, the new function is a quadratic function. The only way to change this quadratic function to a linear function is to change the arguments or parameters. In my opinion, the new arguments or parameters could be named as "bin rer Code of legality/illegality" or "bin rer Code of natural law/positive law", and the new type of the judicial space structure shown by the new linear function is named "Wiki".There are four new features of the "Wiki" judicial space structure:(1)all-around openness;(2)otherness of interest points;(3) final purpose of judicial decision;(4) cooperation between subject. All of them are the same as the rules of how to create Wiki in the network and more and more cases have prove the new type of judicial space structure has been arising, just as the case of Hu Bin, the case of Yao Jiaxin and the case of Li Zhuang. Considering the five influent factors of the "Wiki" judicial space structure, in the future, this new style would be most Probably a normal one, commoner than both "Square" and "Theatre".