从本源意义上看,乡村司法应为乡村人民法庭之司法。历经多年发展,乡村人民法庭目益现代化、规范化,法官办案方式亦由“马锡五审判方式”逐渐转向形式化的司法方式,但结果却近乎一种“两不是”的草率判决。这表明,我国乡村司法已陷入“内卷化”困境。囿于各自研究进路的限制,乡村司法既有的“法治论”和“治理论”均无法对此提出有效的解决方案。而这从根本上看,又是由法学视角和社会学视角的对立造成的,二者实际体现出的是价值与事实的紧张与对立。因此,欲走出困局,在乡村司法的研究中须将社会学视角与法学视角统一起来,加强两种进路的对话与合作。在此基础上对当代中国乡村司法理论予以建构,进而对乡村司法制度予以最低限度的改造。 From the point of view of origin, rural justice should be the justice of rural people’s courts. After many years of development, the interest of the people’s courts in the rural areas has been modernized and standardized. Judges’ handling of cases has also been gradually shifted from the “Ma Xi trial version” to the formalized judicial mode, but the result is almost a sloppy judgment of “two noes” . This shows that our country’s rural justice has plunged into an “insidious” predicament. In view of the limitations of their respective research approaches, both the “rule of law” and the “theory of governance” in rural justice can not provide an effective solution to this problem. However, this is fundamentally caused by the confrontation between the jurisprudence perspective and the sociological perspective. The two actually reflect the tension and opposition between value and reality. Therefore, in order to get out of the predicament, we must unify the perspective of sociology and jurisprudence in the study of rural justice so as to strengthen dialogue and cooperation between the two approaches. On this basis, it constructs the contemporary Chinese rural judicial theory, and then reforms the rural judicial system to a minimum.