地方法治的现状与保障:乡村法庭案例研究

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摘要

本研究特别关注孟加拉国的联合村理事会(Union Parishad),探讨乡村法庭在确保基层基本法治方面发挥的关键作用。由于村一级没有行政单位,农村地方治理结构由联合村委会推动。根据 1976 年《乡村法庭法令》(Gram Adalat (Village Court) Ordinance of 1976)建立并通过 2006 年《乡村法庭法》(Village Court Act of 2006)正式确定的乡村法庭系统,是一个法定的正式法庭,旨在减轻农村贫困人口在正式司法系统中面临的困难。为了增加农村地区的司法服务,改善通过萨利什方式解决纠纷的情况,本研究考察了乡村法庭自 20 世纪 70 年代末成立以来的发展情况。在联合国开发计划署和欧盟的支持下,孟加拉国政府启动了一个名为 "激活乡村法庭 "的项目,以加强其乡村法庭系统。这项研究在内特罗科纳区的三个社区进行,采用了多种方法相结合的方式,通过结构性和非结构性调查获得定量和定性数据。研究结果之后提出了一系列建议和倡议,旨在加强乡村法庭确保地方法治的能力。研究结果表明,乡村法庭在孟加拉国农村地区有效开展司法服务方面发挥着至关重要的作用,这也凸显了乡村法庭对于在基层鼓励司法救助和民主权利的广泛努力的重要性。
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Present Conditions and Ensuring Rule of Laws at Local Level: A Case Study on Village Court
This study examines, with particular attention to the Union Parishad in Bangladesh, what constitutes a critical role played by village courts when it comes to ensuring basic rule of law at grassroots level. Since there are no administrative units at village level, the rural local governance structure is driven by UPMs. The Village Court system established under the Gram Adalat (Village Court) Ordinance of 1976 and formalized through the Village Court Act of 2006, serves as a statutory formal court designed to alleviate the hardships faced by the rural poor within the formal judicial system. In order to increase justice delivery in rural areas and improve the resolution of disputes through Salish means, this research looks at how the village court has evolved since its inception in the late 1970s. The Bangladesh’s government has initiated a project called "Activating village courts" with support from the UNDP and the EU in order to reinforce its rural court system. The study, which was carried out in three unions at the Netrokona District, used a combination of methods on as approach to use both quantitative and Qualitative data obtained by Structured and Unstructured Surveys. The findings of the study are followed up by a set of recommendations and initiatives aiming to strengthen the ability of village courts to ensure rule of law at local level. The findings of this research show that village courts are playing a critical role in the Redemption of justice services effectively in rural Bangladesh, which emphasised their importance to broader efforts to encourage access to justice and democratic rights at grass roots level.
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