Legal Transplants and the Conflicts of Legitimacy :Chinese grassroots judicial practice in the context of modernity

This is a case study of a basic-level court in a small county in China' s Hebei Province.Using data on the changes in the formal organizational structure, changesin the composition of personnel , changes in the case docket , and changes in case dispositions in this court between 1978 and 2000 , the author demonstrates that global legal institutions have survived in China' s judicial practice by adapting to the indigenous social and political demands and get localized.The day-to-day grassroots judicial work of Chinese judges is only loosely coupled with their formal roles, and the judicial decision-making process is contingent upon historical origin of the judiciary , administrative influence , and the legal consciousness of local communities .The underlying reason for this process of localization is the complexity of legitimacy at the local level .Global prescription , economic pressure , political influence , and local social order all require certain types of legitimacy from the legal institutions.As a result, beyond the symbolic meaning of global convergence, the actual meanings of the legal institutions in the judicial practice are socially constructed to reconcile the conflicts between these global and local sources of legitimacy.

刘思达；

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