Rural Justice In China Legal Research

Because of China's farmers account for the vast majority of the country's population, rural justice in our legal research should occupy a pivotal position. However, for a long time, China's agriculture-related judicial system has been a weak area. Many of the legitimate rights and interests of farmers are difficult to obtain effective judicial remedies.This paper seeks to do a panoramic description on China's rural judicial. In this article, the rural judicial is judicial proceedings in our legal framework. It refers to the body of rural court to resolve disputes between the farmers. It is influenced by the Chinese legal tradition. And it needs to refer to folk customs. It is more personalized, human oriented and it is a very strong regional system. In rural judicial, the main body and the object have specific nature. It has a broad basis. And its value is special. There are difference between China's rural justice and urban justice, between China's rural justice and people's mediation and administrative mediation. There are difference between China's rural justice and administrative rulings, between China's rural justice and America rural justice. China's rural justice has a national tradition which can be seen from its formation.The particular of rural judicial includes rural judges, farmer parties, lawyers and legal aid workers. The course of its operation is often subject to local party and government organs, the rural elite, society norms and other factors. Rural court is the choker of rural judicial.In the rural judicial, folk customs and rules of national law have a lot of conflicts. To resolve the substantive rules of the conflict between folk customs and state law, we should be absorbed the favorable factors of customs and habits in the settlement of the disputes. From a legislative point of view, we should absorb reasonable customs by national law. From a juridical point of view, we should integrate national laws and customs and habits in the use of the rural judicial. The judicial application of the customs should be regulated. There must be a series of scientific and rational procedures and mechanisms. Local country traditional legal culture has a major impact on the current rural judicial system. The impact is mainly showed in the feeling factors of social acquaintances, the judicial authority factors of the rural judicial and quality factor of rural people and so on. So we should strengthen the publicity and education of rule of law to ensure that the judicial process is open, democracy, science and civilizations. The law conflict between China's urban and rural areas is mainly showed in the created method of law, the law applicable conditions and the law application effect and other factors. We should learn from rural communities reasonable positive elements of traditional knowledge, as much as possible to reconcile the deviation and conflicts between the national law and traditional knowledge in the country in order to have the perfect combination between traditional judicial resources and modern justice.