司法改革过程中基层法官的思维方式探究

Abstract

Judicial environment is one of the important factors that influence the judge’s thinking mode, the current judicial reform at the grass-roots level of the rule of law environment in our country is in a state of traditional and modern binary coexist. In such circumstances of rule of law, when local judges handle farmer related cases their thinking way can't old and radical, more need to combined with the actual situation of the judicial environment, using the “transitional” way of thinking in handling disputes. This paper referred to farmer related cases are mainly refers to one or both parties as the farmer main body of divorce disputes, such as neighboring rights disputes, inheritance disputes, folk lending disputes, personal tort disputes involving rural areas of civil cases. The article is divided into three parts, the first part of the value of the local judges thinking theory, in the countryside actual situation, proposes basic judge processing farmer related cases by the way of thinking is necessary theoretical basis, namely basic judge processing farmer related cases should have the order of local society, the grassroots judicial nativity and the extrajudicial nature to resolve disputes; The second part about the thinking mode of the status of local judges, puts forward the basic judges processing farmer related cases using the existing disadvantages of way of thinking and the insufficiency, not from the grassroots judicial, the pattern of rural practical and legal environment, way of thinking too radical, ignoring the transitional, including separation mode of thinking, universal way of thinking, conservative way of thinking, single way of thinking, and programming thinking way; Third part speaks at the construction of the local judges of thinking modes, for the second part of basic-level judges dealing with farmer related cases puts forward the thinking mode of the integration thinking of local judicature, the overall thinking of judicial action and the tendentious thinking of substantive rationality on three aspects of “transitional” way of thinking, thinking in which the integration thinking of local judicature melts connectivity and transformation of thinking, the overall thinking of judicial action includes the active and passive as a whole and extrajudicial and law as a whole, the tendentious thinking of substantive rationality on emphasizes on the process of focusing on farmer related cases and the acceptability and behavior guide to examine the result of the referee.