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从社会管理创新的角度看来,乡村是一个焦点区域,这里既是矛盾纠纷的第一现场,同时也是将其及时化解的第一战场。农村法治化进程一直在传统与现代之间缓慢地前进,这也决定了基层法律运作在理念、模式、方法乃至于效果追求上都呈现出一定的特殊性,以“能动司法”为特征的司法风格有其必然性。而这些特征可能无法通过很严谨的逻辑和包含法律元素的话语体系来阐释,于是笔者从一个基层法官对社会秩序的观察和办案经验出发,通过亲身感受的几个法律故事来串联起自己的基本认识。
From the point of view of social management innovation, the countryside is a focal area, which is not only the first scene of contradictions and disputes, but also the first battlefield to resolve it in time. The process of rule of law in rural areas has been moving slowly between tradition and modernity, which also determines that the operation of law at the grassroots level has some particularities in philosophy, mode, method and effect pursuit, and is characterized by “active judicial” The judicial style has its inevitability. And these features may not be very rigorous logic and legal elements of the discourse system to explain, so the author from a grass-roots judge on the social order of observation and case handling experience, through personal experience of several legal stories to tandem their own basic understanding.