The Current Situation, Predicaments and Countermeasures of Grassroots Judicial Institutes in the Process of Rule of Law in Grassroots Governance——A Case Study of 132 Judicial Institutes
Ding Wen Cheng Ziyang
(Law School, Central China Normal University, Wuhan 430079)
Abstract:The comprehensive rule of law is a profound revolution in national governance, of which the foundation and focus are both at the grassroots level. As the most foundamental judicial administrative agency in China, the judicial institute undertakes the responsibilities of guiding mediation, entrusted with community correction, participating law enforcement at the grassroots level, organizing and providing public legal services at the grassroots level, and coordinating the placement and education of released prisoners. Empirical research shows that the organizational status quo of most judicial institutes does not meet the requirements of normative documents. Although the judicial institute has developed adaptive working mechanisms as much as possible, there is still a great tension between its performence and the requirements. The reasons that hinder the judicial institute from effectively performing its functions include that the judicial institute is faced with such legal dilemmas as alienation of subjects, overloading of functions, conflicts of legal resources, and lack of legal authority. By optimizing the functional orientation of the judicial institute, improving its working mechanism, and establishing its legal authority, the judicial institute can solve these dilemmas in the rule of law, so as to ensure the implementation of the decision-making and deployment of the comprehensive rule of law.
丁 文 程子扬. 基层治理法治化进程中司法所的现状、困境及其应对——以132个司法所为分析样本[J]. 华中师范大学学报(人文社会科学版), 2023, 62(1): 31-42.
Ding Wen Cheng Ziyang. The Current Situation, Predicaments and Countermeasures of Grassroots Judicial Institutes in the Process of Rule of Law in Grassroots Governance——A Case Study of 132 Judicial Institutes. journal1, 2023, 62(1): 31-42.