Modernization Of Ma Xiwu's Trial Way

Ma Xiwu's Trial Way is one that in the Anti-Japanese War, Ma Xiwu as Longdong Court president of High Court of Shan,Gan and Ning Border Region created a trial way of the mass line, is a creation of the anti-Japanese democratic regime involving the work of the mass line approach in the work of justice trial mode, which is to simplify litigation procedures, the assizes, in situ trial. Relying on the masses in the trial and researching, soluting and corrceting difficult and wrong cases, making the masses to be educated in the trials. This trial way not only make up the adverse effects on work because of the lack of knowledge and provisions in law, and accessing objective truth in the maximum degree, by the time, was welcomed by the great majority of poor people. But the truth is relative, it can not be ensured if it divorces from the objective environment. China today is not one in the liberation war time. Ma Xiwu's Trial Way can not be used certainly in contemporary China.Based on this, This text introduces Ma Xiwu's Trial Way in the beginning, and through its dialectical analysis, to absorb the useful component, to compensate for the current lack of civil action. Specifically this text is divided into three parts:Ⅰ.Introduction to Ma Xiwu's Trial Way. This section introduces the main content of Ma Xiwu's Trial Way and its main impact to civil action after the founding of New China,.Ⅱ.Review of Ma Xiwu's Trial Way. This section introduces the production background of Ma Xiwu's Trial Way, making a detailed analysis of its specific social and historical conditions,and its specific historical and political functions.On this basis, the text detailedly analyses the two core essences of Ma Xiwu's Trial Way—the mass line and Mediation, discusses the disharmony between Ma Xiwu's Trial Way and modern jurisdiction, dialectically analyses that the historical reference can not be divorced from social reality and the reference of the way of justice is also to be rooted in the social reality.Ⅲ.Modernization of Ma Xiwu's Trial Way. Although Ma Xiwu's Trial Way could not be completely applicable to the modern administration of justice, so this part emphases the transformation of the mass line, the judgement on circuit and the mediation system, not only absorbs the reasonable elements of Ma Xiwu's Trial Way, but also abandon their obsolete parts, to ensure the function to resolve conflicts and disputes, and to achieve the requirements of modern justice to the administration of justice.In short, any effective system can not do without the specific soil to run the system. The design of the judicial system should also adapt to the specific China's conditions.Although Ma Xiwu's Trial Way played a great historical role in the historical period, but the modern judicial environment has changed dramatically, so Ma Xiwu's Trial Way must be modernized, and its useful components should be reasonablly absorbed, so that it can continually function.