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法律实用主义在普通法国家的魅力是不言而喻的,它强调司法要关心后果,要求法官充分运用自由裁量权以追求实质正义。然而,即使是在实用主义被肯定的今天,大陆法国家法官最本质的职责依然是遵循法律和适用法律,实用主义在一定程度上被抑制。而在我国农村地区,由于国家法律规范与地方性知识的抵触与冲突,法官在纠纷解决的过程中却深深地烙上了实用主义的印记,这与我国法官的职责存在一定的冲突。本文旨在通过对农村社会结构的具体分析理性地探讨实用主义在中国农村基层司法的正确定位以及发展方向等问题。
The charm of legal pragmatism in common law countries is self-evident. It emphasizes that judiciary should care about the consequences and require judges to make full use of discretion to pursue substantive justice. However, even today, where pragmatism is affirmed, the most essential duties of continental French judges continue to be to follow laws and applicable laws, and pragmatism is to a certain extent suppressed. However, in the rural areas of our country, due to the conflicts and conflicts between national legal norms and local knowledge, judges have deeply imprinted the mark of pragmatism in the process of dispute resolution, which conflicts with the duties of Chinese judges. The purpose of this paper is to rationally explore the correct positioning and development direction of pragmatism at the grassroots level in rural China through the concrete analysis of rural social structure.