Application Of Civil Habits In Justice

Legal system in our country is mostly transplanted and referenced from Western Countries where law is developed. Gradually, legal system become more and more unaccustomed to the environment in China. In recent, the confusion of people changes from Qiuju’s confusion to Shanggang’s tragedy and finally develops into believe in petition letters non the law, which even causes large-scale mass disturbances. People disagree with the legitimacy of court decisions, which leads to the dramatically decrease of judicial credibility. The judges are also painful because of the conflicts of emotions, reasons and the law when they judge the cases. This situation is especially obvious in grass-roots courts. On this basis, recently, following the leads of justice harmony concept, many local courts use civil habits and reach good judge quality and efficiency in the working process. I practiced in a people’s court in Luxi County, Honghe Hani & Yi Autonomous Prefecture. I used the current situations of judicial adjudication in Luxi County Peoples Court as an object of study and researched that the conflicts among emotions, reasons and the law confused the grass-roots judges. This thesis collects the published theses about civil habits and Judgment documents collected and integrated in open websites. Then it surveys the current situation of local administration of justice in Luxi County People’s Court and analyses the application of civil habits during the trails. It also accepts the accustomed views and thoughts of the judges and concludes the applying methods of civil habits. The thesis is divided into four parts except introduction and conclusion.The first part introduces the brief introduction and current situations of local judiciary in Luxi County and analyses the background, features and existing dilemma nowadays.The second part is based on the first part and analyses the necessity and possibility in local judicial process of grass-roots courts. It researches the advantages of civil habits in local judiciary.The third part researches the applying space of civil habits in the different cases relating to civil law and criminal law and the specific applying methods, including the principles followed by the judiciary of civil habits and two steps during the judicial process, fact finding and application of law, and their applying methods.The fourth part tries to put forward the process development to bring in civil habits during the judicial process and matched assistant measures of applying machining in the civil habit judiciary. It also refers to some problems which should be noticed when using the civil habits.