Sending law to the countryside : research on China's basic-level judicial system / Suli Zhu.
Su, Li, 1955- author.; Wai yu jiao xue yu yan jiu chu ban she, issuing body.; 外语教学研究出版社, issuing body.
2016
KNQ1679 .S8 2016 (Map It)
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Details
Author
Title
Sending law to the countryside : research on China's basic-level judicial system / Suli Zhu.
Published
Singapore : Springer, [2016]
Copyright
©2016
Call Number
KNQ1679 .S8 2016
Former Call Number
Ch.P 710 Su1 2016
ISBN
9789811011412
9811011419
9811011419
Description
xliv, 318 pages ; 24 cm.
System Control No.
(OCoLC)946461603
Summary
"Divided into four parts, the book begins with a discussion of the systematic and theoretical problems in China&#x;s basic-level judicial system at the macro-, meso- and micro- scale. In the second part, it examines the technology and knowledge to be found in the basic-level judicial system, so as to make the traditionally zinvisibley technology and knowledge of trial judges available for general theoretical analyses. The third part focuses on the judge and other legal personnel in the judicial system, while the last part discusses the value of legal sociology surveys as powerful resources"--Back cover.
Note
"Sponsored by Chinese Fund for the Humanities and Social Sciences. Jointly published with Foreign Language Teaching and Research Publishing Co. Ltd."
"It can be both good and bad to re-publish this book, which I wrote 10 years ago ... As for this new edition, I have not made any substantial modifications to the content, even though there are new data and materials available to enrich and amend related chapters ... Suli Zhu, August 2010"--Preface to the new edition.
"It can be both good and bad to re-publish this book, which I wrote 10 years ago ... As for this new edition, I have not made any substantial modifications to the content, even though there are new data and materials available to enrich and amend related chapters ... Suli Zhu, August 2010"--Preface to the new edition.
Bibliography, etc. Note
Includes bibliographical references (pages 305-312) and index.
Series
Record Appears in
Added Corporate Author
Wai yu jiao xue yu yan jiu chu ban she, issuing body.
外语教学研究出版社, issuing body.
外语教学研究出版社, issuing body.
Table of Contents
pt. I
Judicial System
1.
Why Send Law to the Countryside?
3
1.1.
Question and Materials
3
1.2.
Why Send Law to the Countryside?
6
1.3.
Operation and Space of Power
10
1.4.
Going to the Countryside---the Reconstruction of the Relationship of Local Dominant Power
14
1.5.
Village Cadres---Carriers of Local Knowledge
16
1.6.
Another Possibility of Knowledge and Another Role of the Village Cadres
19
1.7.
Conclusion
21
Appendix: Experience the Modernity of Chinese Law
23
2.
Court Trial and Its Administration
29
2.1.
Definition of Problem
29
2.2.
Two Institutions and the Structure of Courts
33
2.3.
Administrative Judicial Institution in the Judicial Process
38
2.4.
Collective Decisions of Administration
42
2.5.
Final Review
45
3.
Judicial Committee System in Basic-level Courts
51
3.1.
Definition of a Problem
51
3.2.
Approaches, Methods, and Materials
54
3.3.
Composition and Operation of Judicial Committees
63
3.4.
Views and Reasoning of Judges
66
3.5.
Are the Reasons of Judges Trustworthy?
72
3.6.
Observation from Another Perspective
76
3.7.
Problem with Judicial Committees
79
3.8.
Analysis of Two Examples
82
3.9.
Conclusion
88
pt. II
Judicial Knowledge and Technology
4.
Courts of First Instance and Appellate Court
99
4.1.
Judicial Knowledge as a Kind of Local Knowledge
99
4.2.
Outline of Judicial Knowledge Genealogy
102
4.3.
China's Basic-level Courts as Courts of First Instance
106
4.4.
Basic-level Courts as China's Courts of First Instance
110
4.5.
Ending as a Beginning
115
Appendix: The Importance of the Trial Judge
116
5.
Dispute Settlement and Governance of Rules
119
5.1.
Pose a Question
119
5.2.
Two "Cases"
121
5.3.
Difference in Concern
125
5.4.
Why Care About Dispute Settlement?
127
5.5.
Rules Behind Particularism
129
5.6.
Modernization and Rules
132
6.
Inbetween Facts and Laws
135
6.1.
Introduction: Weber and Qiu Ju
135
6.2.
Dispute on a Farm Cattle and Legal Disputes
138
6.3.
Factual Disputes in China's Justice System
140
6.4.
Facts, or Law
145
6.5.
Social Format of Events
148
6.6.
Document Format of Events
154
6.7.
Counterevidence?
158
6.8.
Epilogue
161
Appendix: Judiciary as Formatting Tool and Process
161
7.
Between Statute and Custom
167
7.1.
Significance of Customs from the Perspective of Judiciary
167
7.2.
Whole Story of the Case and Its "Legal" Treatment
169
7.3.
Spread of Customs and Their Wide Recognition
174
7.4.
Interaction Between Statute and Customs
179
7.5.
More Conclusions
184
8.
Delivery of Judicial Knowledge of Basic-level Judges
187
8.1.
Relationship Between Judicial Knowledge and Judges
187
8.2.
Main Constraints and Resources of Knowledge Production by Judges
189
8.3.
From the Perspective of Substantial Dispute
193
8.4.
In Terms of Legal Disputes
197
8.5.
Practical Significance of Knowledge of Basic-level Judges
202
8.6.
Theoretical Significance of Knowledge of Basic-level Judges
207
pt. III
Judges and Legal Personnel
9.
Legal Personnel in Rural Society
215
9.1.
Summary of Legal Personnel in Rural Society
215
9.2.
Legal Workers
219
9.3.
Legal Instrument Server
226
9.4.
Judges as Lawyers
229
10.
Professionalism of Judges in Basic-level Courts
233
10.1.
"Demobilized and Transferred Soldiers Working in the Court"
233
10.2.
Rough Situations of Judges in Basic-level Courts
236
10.2.1.
Demobilized Soldiers
239
10.2.2.
University or College Graduates
242
10.2.3.
Judges Transferred to Court from Other Places
244
10.3.
Where Have All the Law-School Graduates Gone?
245
10.4.
"Liberation Army as a School of Revolution"
253
10.5.
"Washing Our Face with a Basin of Water, While Still Washing Our Face with a Bucket of Water"
263
10.6.
"What I Learned in School Has Already Been Returned to the Teachers"
270
10.7.
"Becoming Spring Mud to Give a Better Protection to Flowers"---A Reflection on Demobilized Soldiers Entering Courts
275
10.8.
"Things in the World Are Complicated"
280
Appendix: Magistrates and Magistrate Jurisdiction in the USA
282
pt. IV
Reflection on Research Method
11.
Power Resources of Legal Sociology Surveys
289
11.1.
Emergence of This Question
289
11.2.
One Analysis on Power Relationships
292
11.3.
Analysis Two of Power Relationship
295
11.4.
Inspiration
298
References
305
Index
313