China's Lower Courts To Explore The Concept Of The Rule Of Law

In this paper, the author of a District Court where the example of the Pearl River Delta,the first part of the composition of the court staff and judges their quality status of the situation described, and focuses on China's judicial system and run by the traditional process because of the impact of administrative-based and localized problems. In the process of the rule of law, as a result of grass-roots social environment, lower courts have consciously or unconsciously, reflect the concept of the rule of law in accordance with local customs, demonstrated to meet the social status of some of the special nature of implementation of the law has thus become more flexible and more eclectic. At the same time, they strive to uphold the rule of law, philosophy and goals to meet in a relatively traditional, based on the rule of law and order objectives and values appropriate to local conditions is reflected in judicial practice, showing a striving for the rule of law. We can say that grass-roots social environment directly affects the formation of the concept of rule of law in lower courts. The second part, by lower courts of the supremacy of law, procedural justice, law implementation, judicial independence and judicial passivity, etc., trying to analyze their concept of the rule of law. To the actual court cases to illustrate and demonstrate, lower courts do not strictly adhere to these principles, but in specific cases that do not show the same wisdom and skills. They are often based on the concept of social justice in general, according to his personal state of human understanding of the world, as well as personal knowledge accumulation settle a lawsuit, but also focus on specific cases, the results of non-impartiality, rather than on the overall system of "reasonable", focusing on solving specific disputes rather than on abstract legal provisions and principles. They believe that, stick to a principle of the dispute is not resolved an important case, not so important people are satisfied. This is a realistic choice of lower courts faced with the situation in China to make some compromises. The third part of the rule of law in view of lower courts try to make some ideas. We are in the socialist concept of rule of law advocated by the new era, it should be based on our specific national conditions and cultural traditions on our concept of the rule of law. China's rule of law in the grassroots can not copy the experience of Western countries, the historical development of the West and China are not the same. Thus, the primary rule of law in China can not take "literally" the rule of law-type model, but should be out of a road with Chinese characteristics suitable for China's socialist legal construction of the road. Lower courts through practical experience and explore a road: China has established and accepted social order and its unique development pattern of the modern rule of law and order, we want to achieve with the traditional order of integration, to develop a modern basis for the survival of the rule of law at the grassroots level, we must face China's national conditions, on the one hand to meet the rule of law, localization, with the traditional culture and customs of the positive impact of gradually formed and developed some of the social system suitable for China. On the other hand we will strive to modernize the rule of law, gradually nurturing the people to adapt to modern legal concepts and knowledge required to promote the government, combined with the evolution of society and promote the rule of law within the public road.