A Logic Of Social Capital On The Running Of Civil Justice Of Chinese Cities: Justice Field And Personal Social Capital

The civil law system building a unique Civil Justice Field for us, in this fieldJustice has its own operating logic，but they aren’t always entirely idealistic. Withinthe field of judicial operation, the identity of the participants of the parties, socialstatus, abilities, values, social background, interpersonal, and many other factors thatwill deeply impact the result of judicial operation. So, the actual impact of thesefactors on the civil justice is improbable, or not? Is there a theoretical model canintegrate them so that we can more clearly see these non-normative factors is how, towhat extent exerting influence on the case?Through analysis and study of the various disciplines sophisticated theoreticalmodels, I believe that the theory of social capital and its model can provide a usefulpath for our research. Since the moment it was made, Social capital has beenwidespread concern in the field of social sciences and has become a powerful tool fortheoretical analysis. At the same time, the concept of social capital is also highlycontroversial. Early social capital scientists from Bourdieu, Coleman, etc. to Bot, LinNan and other post-researchers, their concept of social capital has a differentunderstanding and meaning. But precisely because of these differences and disputes,it gives a strong vitality and explanatory power to social capital theory. In this paper,the definition of social capital is starting from structural functionalism. Social capitalis a social relationship implicit in potential resources, and actors can have behavioralpurpose to mobilize it to achieve the purpose of their actions. It roots in their socialrelationships and social networks.In order to make the running of civil justice more clearly, I’ll use the complexityof the case and judge the size of the discretion to establish a horizontal longitudinalaxis of the theoretical model of social capital to operate. I’ll use a rational way, in thatthe simplest and most complex of the case will be into two, and in which I willanalyze the actual impact of judicial discretion size to the civil justice running.Through theoretical analysis and interviews with the author of the questionnaire, I draws the following two conclusions. Firstly, whether it is the simplest or mostcomplex civil cases, the parties’ social capital will have an impact on the actualoperation of the case. Secondly, in the field of civil justice field, the impact of socialcapital on individual to the civil justice will become following the increasingcomplexity of the caseand the judge discretion increases. That is meaning that whenthe more complex cases, the greater the discretion of the judge, the running space ofsocial capital of the parties will be greater.