The Study Of Grass-Roots Judges’ Behavioral Models In Rural Area

Under the age of three types of rural society with old and new natures, they reflect many complex legal issues. As the backbone of state laws being in motion under rural society, grass-roots judges have their own behavioral models. In the village of para-strangers, grass-roots judges implement pure judicial behavior model, in order to meet a kind of demand for modern justice in affluent village; In para-acquaintances and strangers’ society of the rural area, grass-roots judges implement the hybrid model of judicial behavior. On the one hand, it is on the basis of the state laws and being strict application of the laws to put to trial;On the other hand, grass-roots judges have to consider rural ethics, reasons which belong to endogenous rules and reference to civil laws, customary laws and other ways of social controls, to make a comprehensive judgment to meet such a kind of rural judicial demand of modern justice and traditional justice; In the acquaintances’ society of rural areas, the grass-roots judges is following the "Ma Xiwu Trial Mode", and implement the "anti-judicial" behavioral model. On the one hand, they make a judgment based on the symbolic moving of state laws, on the other hand they substantially base on the rural ethics, propriety, reasonable concept of customary laws and other civil laws to make judicial justice, in order to meet such a kind of rural areas which do not need state laws to resolve rural disputes, then grass-roots judges take a "detour" way to achieve state laws’functions for managing social acquaintance-society in these areas. Three behavioral models have a strong theoretical foundation and adequate conditions to be in motion, they are the effective tactics to meet grass-roots judges for dealing with the complexity of rural disputes.