| The trial mode of ma xi wu which is called "Oriental Experience" by the international judiciary mainly emphasizes ideas that the courts resolve disputes by mediation and improve the quality about trailing case and the ability to resolve contradictions,which is the important manifestation about judicial implementation the spirit of "justice for the people" and building a harmonious society. With launchingthe "Great Learning, the great debate" activities, there set off a discussion boom about how to really practice the "justice for the people" in the whole nation,the needs of exporing new ways for the trail in the new situation take the ma xi wu trail mode into the wind and waves beak. How to innovative use and development the ma xi wu trail mode in mainstream adversaril trial model by optimizing the allocation of judicial resources, to make it servicing for modern judicial reform and modern civil action,which need the depth analysis to the trail mode of ma xi wu.This article starting with ma xi wu trail mode'headstream first, discussed its developing internal rule, especially diging its internal and extrinsic causationt thoroughly. The internal reason of law's develop has closely relation with economic generally,the economic base determines the superstructure, the superstructure's needing decides the direction of the trial mode. Ma xi wu lives in an era which is a war period, the social extremely turbulence, all kinds of contradictions emergence. After the new government established, there needs grately a new judicial system to stabilize the regime.As a judge,ma xi wu's personal trial methods can deep into the grassroots and the masses,whose arising is a timely rain no doubtly for the new regime which needs supporing of the masses,ti was also moderate the social contradictions. The birthplace of ma xi wu trail mode is shanbei where is a treasure that accumulate the good social climate, geography, and human environment. Ma xi wu trailed several cases which had great influential and were subjected to the people's praise.Ma xi wu'unique personal working style got the positive evaluationde form the local people, and quickly spread to the whole nation. The development of ma xi wu trail mode was experiencing ups and downs along with the judicial philosophy changing.Based on the developing rule of ma xi wu trail mode,this article depth analysis the values and defects of ma xi wu trail mode by using the ways of the theory with practice, examples and other methods,then refines essence of ma xi wu trail mode and reveal its inherent flaws.The purpose of theory is to guide practice, and ultimately servising the national legal system construction.The article affirms the spirit of ma xi wu trail mode, and proposes combinning it with modern civil procedure system from two aspects.Firstly is on the mediation system aspect, the mediation that ma xi wu trail mode pormotes is not only a simple extension of traditional mediation, but also changes the traditional way of dispute resolution actually and redefine the identity and role of mediation.Although it is not perfect, it still has a significant positive effect to the mediation of civil litigation system in China; The other hand, the work mode of shimoda,shimoji in ma xi wu trail mode can not be fully applicable to the modern legal system facing the big bang litigation, but ma xi wu trail mode provides a new ideasxi for the poople firt trail, such as Circuit trail. However, under the conditions of scarcing judicial resources, circuit trail is not approproate in every case, we must seek new dispute settlement mechanism to solve this problem,the mediation promoting by ma xi wu trailmode provides a practical foundation for the introduction of ADR. |
