Comment On Ma Xi Wu Trial Mode

Ma Xi-wu trial mode, which has been popular all over the world, emphasis on the work belief of court of resolving deputes, improving trial quality and capability of resolving social disputes. It shows that the judiciary carries out the spirit of "justice for the person" and "building a harmonious society". It is in this context, the negative characteristics of the judicial system and the importance of due process of the rule of law have got people’s unprecedented attention; However, the formation of the order of the rule of law is a process, and it is impossible to complete immediately right after the rulers of the country choose "governing the country by law" as the statecraft, in the vast rural areas and less-developed inland areas, because of the limited economic and cultural constraints, citizens and officials’expectations for justice is still different with the modern rule of the law. As a judger recently said stated, judges sometimes need to do some ideological work for both parties, because without necessary guidance, the parties will not claim what they should claim and claim what should not be claimed, if a judge always act like an outsider and cannot put himself into the case, the result will be deviated. That will not only make the case unexecutable, but also inevitably lead to the parties’ litigation. Therefore, in this sense, Ma Xi-wu trial mode is a timely help to solve this problem. It is naturally to learn from the good foreign experience, but we also need to reconstruct and transplant our judicial system bravely. That is, to advance with times and keep pace with other countries advanced legal system. However, we need to stick to our good traditions and improve on this basis in order to continue building up the civil dispute settlement system with Chinese socialism characteristics.This thesis concludes four parts based on the analysis of the Ma Xi-wu trial mode.The first part, briefly introduces the background of Ma Xi-wu trial mode and preliminarily study of it through books, reports, scholars’works previous thesis. On this basis, this part defines Ma Xi-wu trial mode’s definition characteristics combined with relevant academic writings. Meanwhile, this part discusses Ma Xi-wu trial mode’s economic, social, legal and political background. Readers can see from this part that Ma Xi-wu trial mode is under a special historical background. Therefore people can have a directive understanding of Ma Xi-wu trial mode. The second part, analyzed Ma Xi-wu trial mode’s historical value which is hailed as the "Oriental Experience" and the contemporary value which has a positive impact on the contemporary judicial practice based on the value that the Ma Xi-wu trial mode generated. Among them, this part particularly introduces the LIXIN court of jianning city, Fujian province, which I think is the expansion value of Ma Xi-wu trial mode. I briefly introduces the LIXIN trial mode, which has the Ma Xi-wu trial mode style. I think the LIXIN trial mode represents the conscience of a judge and the contemporary value of the Ma Xi-wu trial mode as well as its spirit.The third part explores the shortcomings of the Ma Xi-wu trial mode in today’s legal practice. Just like every coin has two sides, we cannot blindly see the positive side of Ma Xi-wu trial mode when we comment it. Produced in a specific historical period, the Ma Xi-wu trial mode has its own limitations and it has been under the impact of the tendency of "trial must comply with due process. To some degree, the Ma Xi-wu trial mode is a regress of the judicial system for its style of "focusing on meditation instead of due process".The last part is based on Ma Xi-wu spirit’s reference significance toward the modern civil litigation system. This part proposed that we should give new meaning to the Ma Xi-wu trial mode by maintaining its essence, and discarding its dregs. Then this part discussed the demanded requirements of judges by the standard of Ma Xi-wu trial mode. This part also states that the Ma Xi-wu trial mode has its positive side despite of its negative one. And finally, this part states that re-shaping the Ma Xi-wu spiritual has great possibilities and I believe that the reshaping of it has great significance to solve China’s current civil disputes, as well as for the building of harmonious society and maintaining social stability.