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梁启超有关耆老和士绅裁判民间纠纷的记述引发我们思考民间司法问题,当代“社会法庭”等社会组织对秩序建构的重要作用促使我们关注和进一步诠释民间司法。民间司法是指以社会权力为基础的民间司法主体,依据国家法、民间法、道德伦理和风俗习惯等规则对民间纠纷进行判断和处理的行为与制度。民间司法以社会权力为基础;德性和威望是民间司法主体的合法性来源;民间司法的规则依据多元,并具有自己独特的适用方法和运行机制。
Liang Qichao’s account of civil disputes involving seniors and gentry referees triggered us to think about civil justice issues. The important role of social organizations such as contemporary “social courts” in order to establish order led us to pay attention to and further interpret civil justice. Civil justice refers to the civil judicial body based on social power, which conducts the judgment and handling of civil disputes according to the rules of national law, civil law, moral ethics and customs and practices. Civil justice is based on social power. Virtue and prestige are the sources of legitimacy of the subject of civil justice. The rules of civil justice are based on multiple elements and have their own unique methods of application and operation.