司法助理员的角色分析
发布时间：2018-12-11 22:27
【摘要】：建设和谐社会，达成小康目标，必须维护农村的稳定，保障农民的合法权利不受到损害，同时能获得相应的法律服务和救济。通过律师、法官、检察官等人为生活在城市辖区的居民提供专业和高质的法律服务已是不争事实。但是，又有谁来为生活在农村乡镇的广大农民提供方便及时的法律服务，担当起解决纠纷的重任呢？现有的文献资料几乎很少涉及。虽然很多农村纠纷被提交了基层法院，基于息讼的心理，大量的纠纷还是通过司法助理员解决。司法助理员充分发挥自身的优势，利用本土资源、格式化符号和场域性的情景，契合农民的价值观念和思维习惯，承担起公务员、纠纷调解员、法律服务人员多种角色。司法助理员虽然事务琐屑，岗位平凡，但责任重大，对农村的法治现代建设、构建和谐社会具有重要意义。我们应当重视司法助理员的法律角色及功能，通过制度的建构与完善，推动乡镇司法助理员角色的提升和转换，促进农村法律服务事业，推动农村法治的发展，从而进一步推动法治国家的建设。 论文分为五章。第一章分析了司法助理员产生的理论依据，，并概况了法律服务本质特征。第二章至第四章是文章的中心部分，对司法助理员承担的角色进行了分析。第二章对司法助理员作为公务员的角色进行了分解：分解成了管理者角色、执法者角色、社会维稳角色、政府和农民之间的沟通角色；第三章对司法助理员作为纠纷解决的角色进行了分解：分解成了调解员角色、仲裁员角色、协商员角色、准法官角色；第四章对司法助理员作为法律服务人员的角色进行了分解：分解成了普法宣传员角色、社区矫正角色、法律援助人员角色。借助大量丰富的个案分析和图表数据，力图对活跃在乡土社会的司法助理员进行实证主义研究，探讨其角色背后所折射出来的农民法律认知的变化和农村社会的变迁史。第五章针对司法助理员制度建设中存在的种种问题提出了若干完善的建议。结语部分讲到了司法助理员解决纠纷时面临的情理法之间的冲突和平衡。
[Abstract]:In order to build a harmonious society and achieve the goal of a well-off society, we must maintain the stability of the countryside, ensure that the legitimate rights of the peasants are not damaged, and at the same time obtain the corresponding legal services and remedies. It is an indisputable fact to provide professional and high quality legal services to residents living in urban areas through lawyers, judges, prosecutors, etc. However, who will provide convenient and timely legal services for the majority of farmers living in rural villages and towns, and bear the heavy responsibility of resolving disputes? There are few references available. Although many rural disputes have been referred to the grassroots courts, a large number of disputes are resolved through judicial assistants based on the psychology of litigation. Judicial assistants give full play to their own advantages, make use of local resources, format symbols and locale situations, fit in with farmers' values and thinking habits, and assume many roles of civil servants, dispute mediators and legal service personnel. Although the judicial assistant has trivial affairs and ordinary posts, he has a great responsibility, which is of great significance to the modern construction of the rule of law in rural areas and the construction of a harmonious society. We should attach importance to the legal role and function of the judicial assistant, promote the promotion and transformation of the role of the township judicial assistant through the construction and improvement of the system, promote the cause of rural legal service, and promote the development of the rural rule of law. So as to further promote the construction of a country ruled by law. The paper is divided into five chapters. The first chapter analyzes the theoretical basis of the emergence of judicial assistants, and outlines the essential characteristics of legal services. The second to fourth chapters are the central part of the article, the role of the judicial assistant is analyzed. The second chapter decomposes the role of judicial assistant as a civil servant: the role of manager, the role of law enforcement, the role of social stability, the role of communication between the government and farmers; The third chapter decomposes the judicial assistant as the role of dispute resolution: decomposing into the role of mediator, arbitrator, negotiator, prospective judge; The fourth chapter decomposes the role of judicial assistant as legal service personnel: the role of propagandist, community correction and legal aid. With the help of abundant case analysis and chart data, this paper tries to make a positivist study on the judicial assistants who are active in the local society, and probes into the change of the peasants' legal cognition and the history of the changes of the rural society reflected behind their roles. The fifth chapter puts forward some perfect suggestions on the problems existing in the construction of judicial assistant system. The conclusion part talks about the conflict and balance between the law of reason and law faced by the judicial assistant in resolving the dispute.
【学位授予单位】：中南民族大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926
本文编号：2373332
[Abstract]:In order to build a harmonious society and achieve the goal of a well-off society, we must maintain the stability of the countryside, ensure that the legitimate rights of the peasants are not damaged, and at the same time obtain the corresponding legal services and remedies. It is an indisputable fact to provide professional and high quality legal services to residents living in urban areas through lawyers, judges, prosecutors, etc. However, who will provide convenient and timely legal services for the majority of farmers living in rural villages and towns, and bear the heavy responsibility of resolving disputes? There are few references available. Although many rural disputes have been referred to the grassroots courts, a large number of disputes are resolved through judicial assistants based on the psychology of litigation. Judicial assistants give full play to their own advantages, make use of local resources, format symbols and locale situations, fit in with farmers' values and thinking habits, and assume many roles of civil servants, dispute mediators and legal service personnel. Although the judicial assistant has trivial affairs and ordinary posts, he has a great responsibility, which is of great significance to the modern construction of the rule of law in rural areas and the construction of a harmonious society. We should attach importance to the legal role and function of the judicial assistant, promote the promotion and transformation of the role of the township judicial assistant through the construction and improvement of the system, promote the cause of rural legal service, and promote the development of the rural rule of law. So as to further promote the construction of a country ruled by law. The paper is divided into five chapters. The first chapter analyzes the theoretical basis of the emergence of judicial assistants, and outlines the essential characteristics of legal services. The second to fourth chapters are the central part of the article, the role of the judicial assistant is analyzed. The second chapter decomposes the role of judicial assistant as a civil servant: the role of manager, the role of law enforcement, the role of social stability, the role of communication between the government and farmers; The third chapter decomposes the judicial assistant as the role of dispute resolution: decomposing into the role of mediator, arbitrator, negotiator, prospective judge; The fourth chapter decomposes the role of judicial assistant as legal service personnel: the role of propagandist, community correction and legal aid. With the help of abundant case analysis and chart data, this paper tries to make a positivist study on the judicial assistants who are active in the local society, and probes into the change of the peasants' legal cognition and the history of the changes of the rural society reflected behind their roles. The fifth chapter puts forward some perfect suggestions on the problems existing in the construction of judicial assistant system. The conclusion part talks about the conflict and balance between the law of reason and law faced by the judicial assistant in resolving the dispute.
【学位授予单位】：中南民族大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926
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本文编号：2373332
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