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Distant Path to Justice
Author: ZhengXiaoJing
Tutor: LiLong
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Clerk Liu Qing Western grassroots courts Distant justice
CLC: D926.2
Type: Master's thesis
Year: 2009
Downloads: 149
Quote: 0
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Abstract
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In this paper, sociology of law, through the eyes of a 80 female clerk observed west of grassroots courts functioning of the judiciary, to show justice in the courts at the grassroots level in western China to achieve the difficult and remote. The full text is divided into seven parts: the first part of the \From four aspects, this paper outlines the purpose of the topic: Why 80 female clerk? Why Liuqing? Why western courts at the grassroots level? Western why observed through the female clerk courts at the grassroots level? Clerk of the judicial work of the Court of transactional support staff, is mainly responsible for the record of the trial and go through the trial. In this paper, by a man named Liu Qing eyes of 80 female clerk, to observe the status and operation of the Western grassroots courts. Primary Court is an important part of the judicial system, the courts at the grassroots level of the backward areas of the western operational with the more obvious features. This study shows the true state of the western grass-roots judicial reflects the difficulties of judicial reform in China, and then shows in China's grass-roots social justice difficult and distant. The second part of a 80 female clerk in the eyes of western courts at the grassroots level, detailed description of A County of Guizhou Province, a man named Liu Qing 80 female students from the receptionists to the experience as a clerk. The article by Liu Qing description, show the western grass-roots court in which the political, economic, cultural and social environment, as well as the impact of the environment on judicial. A County Court is located in the western region with many ethnic groups, economic and social development lags behind, people are easily satisfied with the status quo, lack of initiative, not easy to retain talented people, serious brain drain, in fact, Western grassroots courts generally faced tough team building. The third part of the trial of Liu Qing in the eyes, observed through the eyes of Liu Qing Western grassroots Court trial. Primary Court judge handling the case of direct contact with the parties, even in private transactions. This lead to a considerable extent on the formality and going through the motions hearing. Judge mastered a set of \In the art of these \The wide variety of causes people filing lawsuits, Liu Qing issued \Part IV \The relationship of the President, Vice President, the President and judges are subtle. Of his powers, have the final say, the vice president of the authority of the second, on the surface of the judges will respect the vice president of the. The President has the ability to have the prestige, not the President, even the clerk is not ignored. Faced with pressure cases assigned by the leadership, the practice of judges to shirk its responsibility is submitted to the CRIC discussion. Most of the CRIC take the views of the president of the emergence the CRIC views, the views of the president of the phenomenon. Parties \In Liu Qing opinion, judicial injustice is an objective phenomenon, may not capricious and arbitrary, and thus judicial corruption is not only the judge's questions, but also in society in general. Part V \People litigation is not easy: on the one hand, the total feel justified to go to court to argue; On the other hand, people without a lawsuit, the level of their own culture and legal knowledge is limited, plus rarely lawyer, and therefore tend to The parties get judges \In the present lawsuit to find a relationship, the relationship will find whatever he could find. The parties sometimes hire a lawyer. Different lawyers on the outcome of the proceedings may be different, and a good relationship with the judge lawyer easily won. Part VI \The article also discussed the development of the judges. Administrative management of the judge limited the space for development of a judge, the judge will not be regarded as the judges' professional glory, and administrative duties as the highest state of development of the career of judges. Part VII of the \Backward from the court building, the ability of the parties, \The realization of justice requires both parties struggle for justice efforts, but also on the improvement of the system and environment. For example, the judicial system should further improve the proceedings should be more scientific, should greatly enhance the quality of the contingent of the Court, proceedings ability of the parties to be further improved, and so on. Finally, the article also research methods reflect clerk Liu Qing of observation tools, the authors observe the operation of the judicial position only through her eyes, not her justice solidification as \This article tells the story of a 80 female clerk, research methods and narrative method has some novelty, with Liu Qing individual experience also helps to visually demonstrate the working condition of the contemporary western China grassroots courts, Problems and its development direction. Of course, based only on the case of Liu Qing to discuss the various problems faced by the courts at the grassroots level in western China, there may be some limitations. Although this article is based on case studies, with no intention of generally derived from the individual, but to overcome the case and generally, the break between experience and theory will continue to be the direction of future efforts of the author.
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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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