Local Judicature From The Perspective Of Coherence Theory

Coherence theory mainly refers to the coherence of legal system, which asked the judges to make the uncircumspect legal system relative coherence through the interpretation of law when they use law to administrate in justice activities. Justice is a practice activity of formulated law made by national legal authorities, which mainly means that legal person standing on the position of national law to interpret the law, to use books and doctrine of law in specific cases."Local Justice" is a justice phenomenon of grassroots court applicable law and a hot topic among scholars in recent years in the background of national transition period, which refers to courts and relatively specialized judges in nation system use law to resolve local community disputes in transition local social background.The article summarizes the case types and processing ways of judge Long jinpin, and gives us many Research conclusionscombines with the determinate standard which in order to construct the coherence legal system under the coherence theory. Theresultans follows: when judge chooses judgment to close a case in view of the legal system of coherent and mandatory and choose to be subject to legal interpretation of the standard to make a lawful judgment and receive the litigants’recognition, and the most typical is system interpretation; when judge chooses mediation to close a case, it gives litigants more right to choose, in order to achieve the "real closed", and the standard of legal interpretation should against the coherent concept of the coherence theory. The coherence theory contains coherence, coherence system and coherence concept three level. Using judgment to close a case is correspond with the first two levels of the coherence theory, which requires the judge strictly comply withlaw and makes judgment in conditions the law had defined only; while, what care more in mediation is coherence concept, because the conflict between legal concept and villagers’justice concept makes the judge have to make a tough choice to achieve a mediation eventually satisfied with defined law and villager’s legal requirement which makes the real unity between legal effect and social effect. Through the analysis of judge Long jinpin who is the representative in the grassroots’judges on handing case can prove the summarizednotion, characteristics and functions of local justice. Their judicial activities provide good experiences for reference for us, and also point out the development direction of the local justice.