The Reform And Development Of Ma Xiwu 's Trial Mode In The Past Thirty Years

Above three parts are its historical origin and contemporary applications of Maxiwu trial mode. On the base of text, The final part of the article is about the analysis of the sublation of Maxiwu trial mode. We should inherit its spirit that is all for the masses, the mass line, and abandon the unscientific program form. We should inherit its simple and beneficial to litigation procedure and flexible way of working,abandon the too much emphasis on of mediation. We should inherit its character of pay attention to investigation and study, seeking truth from facts, and abandon the eliance on customs.We need strengthen the authority of the substantive law continually. First, As a complementary law the civil procedure law, enact regulations on the demonstration------”Special law of civil action”. Second, Increasing the law popularization and enthusiasm of the masses to participate in the judicial work.Maxiwu trial mode produced in the Anti-Japanese War, the shensi-kansu-ningsia border region. It based of the special practice of the communist party of China who leads the Anti-Japanese democratic revolutionary. His own words can be summarized its characteristics. It’s “judge where case happened, informal, In-depth investigation and study, keep close links with masses, to solve the problem.” Maxiwu trial mode is not created without foundation, but contacted with the specific economic, political and legal background that time. The first part of this article in detail is about its background, characteristics and nature of Maxiwu trial mode. We can draw a conclusion through two specific examples.But with the development of the society, the specific background of Maxiwu trial mode has changed, especially the rise of civil trial mode reform in the 1980 s. It is the largest impact to Maxiwu trial mode. The second part of this article is focus on the affect of civil trial mode reform to Maxiwu trial mode. This part introduced the three stages development of civil trial mode and expounded the two sides of practical application about Maxiwu trial mode. We need inherit and develop Maxiwu trial mode according to the concrete national conditions of our country at present stage in contemporary critically. In the three part of this article, we talked about the development of Maxiwu trial mode in the new historical conditions and the concrete application through the specific examples. They are the circuit court, speed cutting court, small claims and the summary procedure.The fourth plenary session of the party’s eighteen pointed out comprehensively promote the rule of law. Law is an important instrument to build socialism countryunder the rule of law. To achieve the overall goal, we must under the lead of the communist party of China, stick to people’s main body status, persist in the equal position of people before the law, insist on combining the rule of law and managing state affairs by ethics, persevere in proceeding from China’s actuality. In this paper,the research is about over 30 years of reform and development of Maxiwu trial mode.At last, the author raise suggestions to perfect the rule of law closely related to the theme of the rule of law. As the law is becoming more and more attention by people, I believe the dream of the country’s political, economic, social aspects of all activities in accordance with the law would realize as soon as possible.