The Survival Logic Of People’s Court Of Rural Justice

Now, China has entered the21st century, modernization is well under way. As one of theaspects of modernization, the rule of law is also in full swing. Since the reform and openingup, China’s legal construction has made remarkable achievements. And in the second plenarymeeting of the Fourth Session of the11th NPC on March10,2011, the NPC StandingCommittee Chairman Wu Bangguo solemnly declared that "China’s socialist legal system hasbeen formed." This is a day that makes the numerous legal people exciting, which shows thatour legal system becomes more complete and perfect.However, the reality of the operation and implementation of the law is not so satisfactory.This case is more prominent in the rural society where the building of the legal system meetsthe greater resistance and difficulties.Through a detailed analysis of the actual process of handling cases of the local levelpeople’s court, the paper shows how the judge handles the cases delicately in order to obtaingood legal and social effects in the rural society with the coexistence of various culture; howto make the law appear softly into the rural society in order to influence the process oflegalization in the country; how to play multiple roles skillfully; how to survive plenty ofpressure. Through the deep analysis above, the author tries to show a complete picture of thebehavioral logic of the judge of the people’s court, to learn the practice wisdom and improvethe shortcomings of the local level judges. By doing this, the author provides some usefulsuggestions for the construction of legalization in the rural society.The article is divided into four parts:The first part, the paper attempts to make a systematic summary of the rural society andshows the combined effect of three kinds of cultural factors on rural society comprehensivelyand objectively;The second part, through detailed analysis of a certain case, the paper makes a furtherdemonstration of how to influence the proceedings of the case through the local level judgeand further analyze the unique survival and behavior logic of people’s court;The third part, the paper makes a further description of role and behavior of the people’scourt judge in the trial of the cases in the theoretical level and analyze the reason deeply.The fourth part, the paper makes some reasonable suggestions to the current situation of the rural society and how to get rid of its trouble.