摘要
新中国成立必须完成的一个首要任务就是要实现国家权力下沉,将国家权力延伸到基层社会。以国家为主导的纠纷解决机制既是实现国家权力下沉的一个重要手段,也是国家权力下沉的客观要求。人民法院要在基层社会始终在场,实现一种所谓的身体治理。然而,人民法院的司法实践与基层民众的具体诉求并不能始终保持一致,特别是人民法院的组织化极有可能带来自身的官僚化。为了克服这种情形的发生,人民法院在司法过程中采取了群众路线。在具体的群众路线运用过程中,人民法院以"阶级出身"为纠纷解决的标准,追求一种"广场化"的司法效应,从而使新中国成立初期的纠纷解决机制朝向一种压制型方向发展。
After the end of the Qing Dynasty, Chinese society had came into thestage that the country power and the other society powers interactive or unite. The Nationalist Party government had tried to set up the bureaucratization systems of dispute settlement to achieve the country power submerges. However, the aim was not achieved. The primary task was to achieve the country power submerges and make the Country Power extend to the basic - level society in the State building stage. In this stage, the system of dispute settlement where the country power played the leading role, was not only a major mean of achieving the country power submerges, but also a requirement to achieve the country power submerges. People＇s court should always be present at the basic -level society to achieve a so -called governance by its body. However, there were some differences and contradictions between the People court＇ s practice and basic - level people＇ s needs. And it was very possibility that the People court＇ s practice cause the bureaucratic style of work. In order to avoiding to the tendency, the People＇s court had to adopt a mass line. It used people＇s class origin to judgment＇s standard, and purist to the ＂squaring＂ judicial effect. Therefore, the people~ court was tyrannical in the ini- tial stage of state building.
出处
《法制与社会发展》
CSSCI
北大核心
2012年第5期76-87,共12页
Law and Social Development
基金
国家社科基金青年项目"民生视野下适当生活水准权的法律保障"(11CFX031)
教育部重大课题攻关项目"中国特色社会主义法学理论体系研究"(10JZD0029)
关键词
人民法院
权力下沉
群众路线
压制型法
people＇s court
country power submerges
pass pine
tyrannical law
