| The Ma Xiwu’s Trial Mode was a trial method named after Ma Xiwu,who was the president of the Eastern Court of the Shaanxi-Gansu-Ningxia Border Region.After years of research on the Ma Xiwu’s Trial Mode,the academic circles have formed many representative research results.At the same time,some scholars have opposed the view that Ma Xiwu’ s Trial Mode can return to contemporary Chinese judicial practice.Looking at these objections,the essence is that they do not correctly regard the essential characteristics of Ma Xiwu ’ s Trial Mode and do not correctly recognize the contemporary value of Ma Xiwu’s trial.Based on the specific cases of Ma Xiwu’s Trial Mode,scholars’ records and evaluations,the author analyzes and summarizes the essential characteristics of Ma Xiwu’s Trial Mode.The essence of Ma Xiwu’s Trial Mode is not mediation.It essentially reflects the people’s character of the judiciary.The Ma Xiwu’s Trial Mode itself reflects the constitutional principle of the people’s sovereignty and it also fits with the social identity theory of judicial justice.Rethinking this kind of trial in the contemporary era should clarify the relationship between judicial eliteization and judicial popularization.The author thinks that they are not contrary to each other,then considers how to apply the judicial people’s concept of Ma Xiwu’ s Trial Mode to the contemporary Chinese judicial practice. |
