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中国语境下的司法正义,尤其是在乡土社会表现为一种人情正义和感官正义,乡村的司法也有其自己的规律与特点。法官的角色不是消极中立,而是积极参与;裁判的依据不只是法律,更多的是习惯与伦理;裁判的场域不是庄严肃穆的法庭,而是田间地头、炕上开庭;裁判过程不是严格遵守诉讼程序,而是追求实质的正义。在乡土社会,正式的法律被弱化,法律作为纠纷解决的方式在乡土社会得不到广泛的推行。单从社会治理的角度来看,法治不是社会治理的唯一方式,我们应追求多元的社会治理方式。
Judicial justice in Chinese context, especially in local society, manifests as a kind of human justice and sensory justice. Rural justice also has its own laws and characteristics. The judge’s role is not negative neutrality, but active participation; the referee’s basis is not only the law, more is the habit and ethics; referee’s field is not a solemn court, but the field ground, the kang court; referee process is not strict Adhere to the procedure, but the pursuit of substantive justice. In native society, the formal law is weakened and the law is not widely promoted in the local community as a means of dispute resolution. From the standpoint of social governance alone, the rule of law is not the only way of social governance. We should pursue a pluralistic approach to social governance.