Research On The Judicial Application Of Grassroots Autonomy Rules

As an important part of the modernization of national governance capabilities,social governance needs to face all problems arising from social development.In order to achieve the fundamental purpose of good social governance,it is necessary to integrate the functional advantages of various governance subjects,use effective methods to resolve social disputes and contradictions,and maintain Social equity guarantees social harmony and stability.As the 19 th National Congress of the Communist Party of China reported at the comprehensive promotion of ruling the country by law is based on the grassroots level and the focus of the work is on the grassroots level.The maturity of grassroots social governance capabilities represents the development of the country ’s rule of law and the level of governance capabilities.At present,in order to realize the benign interaction among government governance,social regulation and residents’ self-government,it is necessary not only to improve the capacity of grass-roots social governance,but also to promote the downward shift of social governance and give full play to the role of autonomous organizations within the legal framework.How do those grass-roots autonomy rules that meet the characteristics of legal norms and have legal binding force be incorporated into the source of the adjudication law and run in the judicial process,and how the grass-roots autonomy rules assist in regulating legal and social practice is to explore the construction of a social governance structure of co-building,co-governance and sharing Important way.In recent years,under the influence of "pragmatism",in order to justify the rationality and legitimacy of judges,judges have begun to introduce "soft" in addition to the enacting laws such as guiding cases,public policies and internal constitutions of social groups in the judicial process "Law" regulates legal reasoning,and many scholars have discussed the role of non-enacting legal sources such as legal principles,public policies,and guiding cases in judicial judgments in the form of academic principles or empirical evidence.Autonomous rules,including township regulations and civil conventions,and industry conventions,play a very important role in maintaining the internal order of the consortium.In recent years,they have also been increasingly introduced into judicial decisions.However,the current scholars are more discussing the function of autonomous rules from the perspective of social governance,and less systematically studying and discussing the judicial application of autonomous rules,especially grassroots social autonomous rules.This article analyzes the legal status and effectiveness of autonomy rules,focuses on the application of autonomy rules in judicial practice,and summarizes the relevant cases to summarize the current judicial application methods and effects of autonomy rules in judicial decisions.Invoking the rules of autonomy to justify its decision.In addition to the introduction and conclusion,this article is divided into four parts.The first part introduces the legal status and effectiveness of the autonomy rules.The second part introduces the practical dilemma of the grassroots autonomy and the necessity of judicial intervention,sorts out the important role and practical dilemma of the autonomy rules in social governance,and leads the court to "ruler" The necessity and significance of role intervention in grassroots governance.The third part analyzes the application of autonomy rules in the judicature through case retrieval,and summarizes the problems existing in the application of autonomy rules in the judicial process.Finally,analyze the reasons for the problems in the judicial application of the autonomy rules and try to make targeted suggestions for improvement.