马锡五审判方式再研究——以司法便民理念的践行为分析路径

Further Research about Maxiwu's Trail Mode——By the Analysis Path for Practicing the Judicial Convenience for People

在特定的政治、经济、文化背景下,陕甘宁边区政府确立了司法便民理念,并将这一理念表达为方便人民诉讼,发扬司法民主。马锡五以其特有的亲民形象和人格魅力回应了司法便民理念的要求,在司法实践中进行就地审判,运用调解,贯彻群众路线,促使以他名字命名的审判方式得以成型和推广。在法律日益健全和多种司法理念并存的今天,马锡五审判方式不再是普适性的审判方式,但在"司法为民"理念下其仍是多元化纠纷解决方式中不可或缺的一元。

Under the particular political,economical and cultural background,the government of Shanganning Border Area has established his judicial ideal that convenient all of his people.With special personal qualities,a man who named Maxiwu created a trail mode.This trail mode has many characteristics through its process,such as judging on spot,using mediation freely,and implementing mass route and so on.Finally,the mode which named with Maxiwu＇s name has been promoted increasingly.Today,with perfect legal system has been established,and multiple judicial ideals have been showed.It is difficult for us to make the Maxiwu＇s trail mode to be the only trail mode.However,Maxiwu＇s trail mode is also a good trail mode among the multiple dispute resolutions with judicatory for the convenience of people.