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乡土社会向法治社会转型所产生的事实与规范之间的裂缝,导致基层法院的司法者面临着科层体制下法律适用与权力技术之间、治理结构下规则之治与纠纷解决之间、规范结构中国家法与民间法之间的角色冲突。在乡土社会自身转型与法治体制改善的背景下,基层法院的法官正在经历着由乡土法律人向法治精英的身份转变,在这一转型过程中,基层法律人应当在权衡现代化法律与本土传统的基础上,维护司法的实质正义与形式正义的统一,保证法律效果与社会效果的统一。
The cracks between the facts and norms produced by the transformation of native society to the society under the rule of law lead to the fact that the judicial officials at grassroots courts are confronted with the legal and power technologies under the bureaucratic hierarchy and between the rule and dispute resolution under the governance structure. The Role Conflict between the Chinese Law and the Civil Law in the Structure. In the context of the transformation of native society and the improvement of the legal system, the judges of the grass-roots courts are undergoing the transition from the native lawyer to the elite of the rule of law. During this transition, the lawyers at the grassroots level should weigh the modern law and the local tradition On the basis of safeguarding the unity of judicial substantive justice and formal justice, the legal and social effects are guaranteed.