鄉(xiāng)村法治的政法邏輯——秦窯人民法庭的司法運(yùn)作.pdf

1、華中科技大學(xué)博士學(xué)位論文鄉(xiāng)村法治的政法邏輯——秦窯人民法庭的司法運(yùn)作姓名：丁衛(wèi)申請(qǐng)學(xué)位級(jí)別：博士專(zhuān)業(yè)：社會(huì)學(xué)指導(dǎo)教師：吳毅20070609華 中 科 技 大 學(xué) 博 士 學(xué) 位 論 文 IIABSTRACT Basing on the field survey to Qinyao People’s Tribunal in Guanzhong Area, Shaanxi Province, the dissertation syste

2、matically investigates the position and unique function of people’s tribunal in contemporary rural China governance, furthermore, discloses the internal relation between rural governance and political-legal tradition.

3、 Since 1990, the national governance mode has transformed to “governance through laws” from “governance basing on policy”; accordingly, the effect of people’s tribunal has gradually increased and its special governance

4、 logic has been emphasized; judiciary power and administrative power has been differentiated carefully and chaotic phenomena in rural governance have been clarified. By strengthening construction of people’s tribunal, o

5、ur country encourages the court to exert judicial power independently in order to solve conflicts and disputes in village, and thus increases legitimacy in social governance and tries to further consolidate the ruling fo

6、undation of the party-state. The dissertation bases on the macroscopic historical survey to people’s tribunal and on field survey to judiciary operation process of Qinyao People’s Tribunal, People’s Court of Gudu Distric

7、t, Weishui City, and discloses that political-legal tradition of new China has decisive effect on objectives and means of rural governance, by analyzing the changes of governance function of people’s tribunal. The disser

8、tation explores the social environment and system restriction of rural governance from the angle of people’s tribunal, emphatically investigates law viewpoint of villagers and function of village elitists in village rule

9、 by law, inspects the origin and performance of implementing specially invited coordinator in Qinyao People’s Tribunal and then discloses the internal intension and mutual regulation between superincumbent generality an

10、d local-color strategy from bottom to top. The dissertation also depicts the judiciary operation logic of people’s tribunal from the point of party-state, points out that the overall job objective of people’s tribunal

11、has changed quietly from “the people’s judiciary” in the past to “judiciary for the people” nowadays since 1990, and the substance of the change is that party-state wants to strengthen the legitimate basis of its state

12、governance through the legitimate operation of court section-system. However, because the hard constraint of resource and soft constraint of law coexist, the grass-root tribunal (people’s tribunal), which is one of the

13、governance organizations, and its deputy (court police) abide by a set of political economics logic of maximum self-interest, while this set of logic is not in conformity with the political demand of party-state someti