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| 司法现代化在我国农村的困境及其出路 |
| The bewilderment and the Perspective of the Modernization of Judicature in Chinese Countryside |
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| DOI：10.3969/j.issn.1008-5092.2003.04.004 |
| 中文关键词: 司法现代化 农业社会 传统法律文化 正当程序 |
| 英文关键词: the modernization of judicature the agricultural society the traditional law culture due process |
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| 中文摘要: |
| 司法现代化是法制现代化的重要标志.可是司法现代化在农村仍然遭遇着种种困境,这有其深刻的历史背景和现实基础.实现农村的司法现代化,一方面要对传统法律文化进行认真彻底的反思,肃清沿袭至今的消极影响;另一方面则应从制度上保障司法的公正性,在司法领域树立法律的权威. |
| 英文摘要: |
| From the very beginning of the 20th century, the modern legal system has been carried out in our country. However, because of the specific agricultural society and its more stable situation, the practice of legal system in countryside was not carried out until the strategy of ruling the country by law was proposed in the late 20c.By presenting a case, this essay reveals the modernization of judicature, an important symbol of legal system, has confronted the agricultural society with great bewilderment. According to minute analysis from the perspective of profound history and reality. In order to achieve the modernization of judicatory in the countryside, on the one hand, we should have a thorough and careful self-examination of the traditional law culture and get rid of the negative effect, on the other hand, we should protect the justice through principles and set the authority of the law in the field of judicature. |
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