The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal jus...The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal justice. Justice is a crucial factor in effective linkages between social governance and the path to the rule of law, and the attainment of good social governance through justice is a basic marker of a rule of law society. Using the rational choice framework to examine representative individual cases, we can see that theories of participatory governance, self-governance and polycentric governance provide an approach to the interpretation of extreme social contradictions and the reduction of social conflicts, thus constituting a theoretical support and guiding direction for the reform of the judicial system. This will enable us to create a dispute resolution mechanism consistent with the concept of societal governance and judicial principles.展开更多
Following reform and opening up, China witnessed a rapid increase in legal cases, but the rate of increase has undergone a marked decline since 1997. The reasons this has occurred in a period of social transformation ...Following reform and opening up, China witnessed a rapid increase in legal cases, but the rate of increase has undergone a marked decline since 1997. The reasons this has occurred in a period of social transformation are threefold： a non-litigious dispute-settling mechanism, judicial policy and the credibility of the courts. A data analysis of the average annual rate of growth, the correlation coefficient and the respective proportions of solutions under the litigious and the non-litigious dispute-settling mechanisms indicates that the slowing of the rate of growth of litigation has been accompanied by a decrease in the role of the people＇s mediation system and the economic arbitration system. However, it is the strengthening of administrative dispute-settling mechanisms, a judicial policy of not accepting cases, the reform of litigation fees and a series of institutional cbnstructs aimed at judicial corruption that has curbed the rapid increase of legal cases.展开更多
基金an achievement of"Research on the Models,Rules and Reform Directions of the Socialist Legal System with Chinese Characteristics"(14AKS009)a major project of both the National Social Science Fund of China and Plan 2011 of the Collaborative Innovation Center for Judicial Civilization
文摘The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal justice. Justice is a crucial factor in effective linkages between social governance and the path to the rule of law, and the attainment of good social governance through justice is a basic marker of a rule of law society. Using the rational choice framework to examine representative individual cases, we can see that theories of participatory governance, self-governance and polycentric governance provide an approach to the interpretation of extreme social contradictions and the reduction of social conflicts, thus constituting a theoretical support and guiding direction for the reform of the judicial system. This will enable us to create a dispute resolution mechanism consistent with the concept of societal governance and judicial principles.
文摘Following reform and opening up, China witnessed a rapid increase in legal cases, but the rate of increase has undergone a marked decline since 1997. The reasons this has occurred in a period of social transformation are threefold： a non-litigious dispute-settling mechanism, judicial policy and the credibility of the courts. A data analysis of the average annual rate of growth, the correlation coefficient and the respective proportions of solutions under the litigious and the non-litigious dispute-settling mechanisms indicates that the slowing of the rate of growth of litigation has been accompanied by a decrease in the role of the people＇s mediation system and the economic arbitration system. However, it is the strengthening of administrative dispute-settling mechanisms, a judicial policy of not accepting cases, the reform of litigation fees and a series of institutional cbnstructs aimed at judicial corruption that has curbed the rapid increase of legal cases.
