Research On Legal Ritual Problems From The Perspective Of Structural Functionalism

Legal rituals are an important part of the national legal system.To a certain extent,it can reflect the state of the development of a country’s rule of law and the spirit of the rule of law.With the establishment of the constitutional oath system,China is bound to pay more attention to the unique functions of legal rituals in political life and social life.It is foreseeable that in the near future,China will establish a witness swearing ceremony in line with the Chinese context,and will also begin to build a legal ritual system with Chinese characteristics.Therefore,it is necessary to conduct research on how to construct legal rituals that meet China’s national conditions and meet institutional needs.From the perspective of Parsons structural functionalism,this paper regards the specific legal ritual of witness swearing ritual as a system,constructs the AGIL model of the witness swearing ceremony,and carries out the four functions of the witness swearing ritual under the AGIL model.analysis.Based on the judicial practice of our country,this paper analyzes the dilemma of its function realization,and tries to explore the system construction of witness swearing ritual from the perspective of functional demand-structure arranging,and explores the witness swearing ceremony from the perspective of optimizing structure-guarantee demand.perfect.Finally,the study of the witness swearing ceremony,the entire legal ceremonial system,provides ideas for the development and improvement of the legal ritual system in China.Through this research,on the one hand,it is expected to be able to make useful explorations for the construction of witness swearing rituals with Chinese characteristics in line with Chinese context.On the other hand,it is expected that through the specific analysis of the witness swearing ceremony,the entire legal ritual system,that is,the process from the typical research to the general research,will be put forward,and corresponding suggestions for the establishment of a perfect legal ritual system in China will be proposed.In addition to the introduction and conclusion,the text has four parts.The first part first defines the concept of legal ritual and clarifies the legal attributes of the witness swearing ceremony.Secondly,it expounds the concept,historical evolution and legislative status of the witness swearing ceremony,and introduces the current practice status of the witness swearing ceremony in China.Through the above combing,it lays the foundation for the following research and analysis.The second part is mainly to construct the AGIL model of the witness swearing ceremony.In this part,the author first introduces the theory of structural functionalism of Parsons.On this basis,the witness swearing ceremony is regarded as a system.The AGIL model is used to deconstruct the analysis,and the AGIL functional model of the witness swearing ceremony is constructed to prepare for the following research.The third part is a functional analysis of the witness swearing ceremony under the AGIL framework.The Witness Oath Ceremony has four basic functions,namely,adaptive function,goal achievement function,integration function and mode maintenance function.These four functions are interrelated and work together to promote the role of the witness swearing ceremony in judicial practice.The fourth part is the analysis of the dilemma faced by the witness swearing ceremony and the corresponding countermeasures.The author first sorts out the relevant factors in the current judicial practice in China that hinder the function of the witness swearing ceremony.On this basis,the corresponding countermeasures to guarantee the four functions of the witness swearing ceremony were put forward.In the conclusion part,on the basis of seeing the functional elements required for the current witness swearing ceremony to be extended in society,and the path of perfection under the function orientation,the author looks forward to the factors that should be considered when constructing and perfecting the legal ritual system in China.