The Dual Interpretation Of Contemporary Chinese Localization Of Justice

"Localization of Justice" is the academic and judicial circles in China in recent years frequently been mentioned as a concept, from the perspective of jurisprudence, which is a neutral term. But the implementation of the various places, because the economic and cultural aspects of differences, there is bound to different interpretations, the present situation, mixed, but mainly concentrated in the judicial jurisdiction of local protectionism to local conditions and said that two points of view. In this regard, I believe that it is necessary in our country's basic national conditions, the process of judicial reform carried out in full view of the two comparison to stand firm, that attitude, get rid of local protectionism in judicial cancer, the guidelines in constitutional law increase under civil law, customary law, mediation system for the ultimate judicial power to achieve the practical effect of local conditions, and this is where the purposes of this article.Reality, this is intended to study of the following:The first part, in the introduction, the author expounds China's current special historical background of social change, and on this basis, focusing on the significance of the topic of this article, the academic research status, the paper intends to solve the problem, characteristics of innovation, and taken Research methods in-depth analysis, through careful preparation of the preliminary work, solid information base, so as to achieve smooth and precise writing process.The second part, on how the concept of justice to compare the localization described, a view that: localization of Justice for judicial interference with the executive, judicial obstruction of justice independent of local protectionism. Another view:Justice is a place of benefits the country, emphasizing the practical application of legal norms and social performance of the variants is to attach importance to traditional Chinese culture and society under the actual situation, seeking the inherent value of the product of the modern law resources. For these two views, the author proposes his own opinion:It is clear that local protectionism is a justice obstruction of justice of progress is a rule of man over the rule of the feudal legacy of ideas, should be abandoned; judicial power to local conditions, civil law, customary law, a mediation system for judicial diversity, effectiveness of the embodiment, as long as not contrary to constitutional law, public order and morals, based on the administration of justice should be encouraged to such a place of existence and development.The third part of the same name for two such, the origin of the meaning of different concepts were compared, and from the place of justice occurred because of historical reasons and practical aspects of the analysis of these two views. Specific to the articles inside, place of justice based on historical reasons appear to explain the different perception can be divided into the unified imperial supremacy of the official standard thinking and "no appeal is to strive, dispute mediation interest" in the aftermath of thinking, this is precisely Justice and the judicial power of local protectionism that local conditions that produced historical reasons. The place of justice there for practical reasons, combined with practical easy to see that justice is due to local protectionism long:the first Chinese judge the quality of district judges, especially at the grassroots level is relatively low, seriously thinking of official position, then as human nature itself has a xenophobia, the natural balance of the trial will be inclined; finally produced the People's Court, the President and the appointment of judges to the court's financial supply, are being affected by the local government control, natural constrained by local interests. Therefore, the district court is often difficult for citizens and local citizens in different places to make a fair decision of disputes; more seriously, should the local citizens involved in disputes between local government, the court more difficult impartial verdict. The existence of judicial power, the reality of local conditions because:First of all imperfect understanding grassroots local laws, civil law, customary law, mediation system applies significant. Secondly, various forms of civil disputes, judicial effective complement to local conditions, lower courts need to be improved theory, experience is essential. Finally, the judicial power to local conditions where the demand for judicial reform, civil law, customary law, regulate the use of mediation system of justice based on wealthThe fourth part, the judicial interpretation of the relationship between the dual localization were compared:application of the two the same, but different in meaning judicial reform; both the same origin, but social values are different.The fifth part, according to China's basic national conditions, from judicial independence, judicial reform, expenditures, personnel appointments and dismissals, the trial means of judicial staff combine knowledge of theory and practice, free orientation justice practitioners, grass-roots local Judge discretion and judicial power recognized norms and local conditions and other aspects of the implementation of personal insight.The sixth part, in conclusion, I believe that:localization of judicial reform is inseparable from justice, "local conditions" role, adhere to the combination of inheritance and development, rational use of civil law, customary law and mediation system to protect judicial independence, put an end to administrative intervention improve the quality and professionalism of individual judges, the judges must give appropriate discretion for judicial reform throughout the country road to lay a solid foundation smooth and ultimately achieving people-oriented, the ultimate goal of the rule of law. This paper aims to place the judicial interpretation of the double contrast, the rebuttal of judicial misunderstanding of the concept of local protectionism where the highlight certain conditions, the judicial power, the significance of local conditions and civil law, customary law, mediation system applicable, and to promote grass-roots local judge the relative discretion. Innovation is mainly reflected in:the concept of comprehensive and objective comparison allows the reader to the grassroots in the local jurisdiction have a deep understanding of the process of applying the network concept of the trial and the concept of free targeted judicial workers have proposed a novel and practical significance.In summary, the law of our local grass-roots popularity of norms, judicial independence and impartiality, the use and effectiveness of civil law to resolve such issues play a catalytic role, while the process of judicial reform in China has a positive impact.