Judicial Field Of Social Structure Analysis

Along with the development of the society and the rule of law, the research emphasis of sociological law has already transformed from legislative sociology to judicial sociology. In this dissertation, I mainly analyze the influence of the society structure in the judicial field, and how can we now take advantages of them as well as how can we avoid the disadvantages at the moment.The dissertation is discussing about the relevant concept, the current situations, the problems, the reasons and the countermeasures. In the first part, the author talks about the theoretical background and the methodology. Judicial field, whose main body is the legal profession, including lawmakers, prosecutors, judges, lawyers as well as the relevant scholars, it composed of those organizations and individuals which have direct interests with the behavior of law, which is known as a miniature world. Society structure is the ranks of their social members as well as the relationship with their surrounding people. I based on the assumption that each one is a pure pursuer of their own interest, the gaps of law are universally existed, so it is reasonably that enforcement of law needs the judge's interpretation or discretion.Based on this two hypothesis, when referring to judicial justice, the author emphasizes in the second part that the society structure are important factors, the first reason is that the intangible influences of the ranks in it, i.e. the strong impact of the social status along with the different mentality of people are not from same ranks; the second reason is that the tangible influence of society network on the judicial justice, everyone in the judicial field will make their greatest interests using their own society resources, lawyers will also search their own benefits along with their clients'interests, the lawmakers or the prosecutors or any law executors will take advantage of their discretion to pursue the interests within the law or beyond the law, at the same time, the two parties in a case will utilize all their powers and abilities as much as they can to win the case.To reduce the influence of the society structure on judicial justice, two countermeasures inside and outside the judicial field should be taken. As referring to the inside, what we need to do is to reorganize the structure, that is, we have to extend the society structure of the two parties to a certain degree, the way is that we introduce legal insurance into our society that should be included in the social security system. As speaking the outside, we should intensify the supervision and the guidance of the society field on the judicial field in order to make the judicial publicity into practice in China.