How to conduct field surveys in law beginners
December 28, 2023 Source: "China Social Sciences" December 28, 2023 Author: Hou Meng

Carrying out field surveys is the basic skills of students in sociology,Tao Menghe、Fei Xiaotong and other sociologists have always emphasized the important role of social surveys。But for other social sciences who have not undergone field investigations such as law,What is the meaning of on -site survey,How to conduct field investigations?

For the previous question,Mao Zedong made a clear answer in "Opposite to the Ordinary" (formerly known as "Investigation Work"): the investigation is to solve the problem;,There is no right to speak。Marxism's "book" is to learn,But it must be combined with the specific reality of our country。The same,For Chinese law,On the one hand, it is based on specification (legal text) as the center,On the other hand, we must study the "Chinese" legal specification,This has to be learned by investigating the actual situation of China。In legal research,Usually there are two points of "Law in Book" and "Law In Action"。If you do not investigate "Law in Action",It is impossible to form a "law in the book" that is in line with the actual situation。In this sense,On -site investigation is also a basic requirement for legal students, especially senior students。

What is the importance of field surveys in the court? we know,The rule of law system mainly includes legislation、Law Enforcement、Judicial (Court and Procuratorate)、Four parts of the law abide by the law。The court is just a part of the rule of law system。But in terms of the basic attributes of legal research,Because the law tradition is mainly the interpretation of the orientation,Pay attention to how to apply laws in judicial referee,So,On -site investigation in the court is of great significance。We not only study the court,Also study judges,and Prosecutor who participated in judicial referee activities、Lawyers and parties; we not only study the court's organizational management,Also study the specific business of the court,Including filing a case、Civil and business trial、Criminal trial、Administrative Judgment、Execution and bankruptcy; we not only study how to conduct legal reasoning and legal interpretation in judicial referees,Also study the actual effect of legal provisions in judicial referee。Brief words,We do not conduct field surveys on the court (INVESTIGATION on Court),Instead of conducting field surveys in the court (Investigation in Court。So,Questions involved in a field survey in the court,The fundamentals that can cover all departments and legal research。

But,At present, legal research has not yet formed Bet365 app download an overall atmosphere for field surveys,Lack of system training for field surveys。Students from Law often do not know how to conduct field surveys,Some ways to explore through their own internships or go to the wild road,The effect is not so good。In the past two years,I have taken my students to 16 three -level local courts and 10 people's courts across the country for field survey。These students are basically novice,There is not much experience in field survey,But after completing the investigation,,The degree of sensitivity to the problem and the ability to write a lot of writing ability。So,Some positive and negative experiences we have accumulated,It may have a reference meaning for beginners。

First,Preparation of knowledge before the investigation。On the one hand,We can read some literature materials of how to conduct surveys。For example,August 1941,Mao Zedong's "The Central Committee of the Communist Party of China on the Decision on the Investigation and Research" was drafted by Mao Zedong.,In addition, there are contemporary sociologists、Related empirical research works written by human scholars。In the field of law,Su Li、Wang Qiliang、Chen Baifeng and other scholars have also written articles on how to conduct legal experience research。On the other hand,We also need to make professional supplementary lessons,Read the court research and departmental law research related to the investigation。If you are sure to go to the court in a certain place,You should also read the relevant courts、Local Zhi,Familiar with historical revolution,Follow the relevant public account to learn about the recent work dynamics。

Second,Which organ to go to a field survey。Although we mainly go to the court for field survey,But there is also a difficult difference in entering different survey points。In various political and legal institutions,The more involved the sensitive business department,The more difficult it is to enter。For example,It is difficult for public security organs and national security organs to enter,Law Firm is relatively easy to enter,The court and the procuratorate, especially the civil and commercial business departments, are also easier to enter。other,The more hierarchical organs,The more difficult it is to enter。For example,The Supreme People's Court is the central state organs,It is difficult to enter,The grassroots people's court, especially the grassroots people's court, is relatively easy to enter。This is not difficult to understand why many researchers choose to do grass -roots research。For example,Su Li's "Sending the Fa -Lord -China grass -roots judicial system research",It has become a work of the research bet365 Play online games of Chinese legal experience。

third,Select where to go to a field survey。Some people think,To conduct field surveys,Must find a "representative" survey location。This view is a bit one -sided,Especially for qualitative research。The value of qualitative research is not only based on whether the survey location is representative as a measure。Actually,The choice of our survey location is accidental,Many times because of the person in charge of a private relationship or working relationship with the person in charge of a court。Whether the selected survey location is representative is not important,It is important to show its richness and complexity by investigation,even a certain degree of typical nature。This survey is commonly referred to as "anatomical sparrow"。General Secretary Xi Jinping's discussion on the investigation and research at least five times mentioned "anatomical sparrow",Touch the actual situation,Can see big in small and medium。

There are two types of "sparrows" worthy of field investigation。One category is to follow up with newly introduced policies。For example,Many system pilots in judicial reform,Including guilty guilt and punishment from a wide system、Cases and Simplification System,and the newly established Intellectual Property Court、Financial Court、Environmental Resources Court、Bankruptcy Court,The actual operating effects of these systems or organizations need to be investigated in a detailed investigation。As far as my survey experience is concerned,The Roman People's Court, which belongs to the People's Court of Mengla County, Xishuangbanna, is located on the border of the middle and old borders,It was transferred to the People's Court of Guandu District, Kunming City at the end of October 2022,It has become a judicial flying land。This is very rare in China。early February 2023,I will take the team to learn from the various legal issues facing the court after the transfer,For example,Border disputes、Delivery、Criminal trial and other questions。Another category is a study that has been done by the predecessors。For example,Fei Xiaotong wrote "Jiangcun Economy",Many people, including himself, are following the study after decades; Lin Yaohua wrote "Golden Wing",Later Zhuang Kong Shao then did "Silver Wing" research。Another like Zhu Xiaoyang's "small village story" legal anthropology research,He has been in a village for a long time,Starting from punishment research,From attention to residence to urbanization demolition,Time has spanned for decades。And we are currently conducting field surveys from the grassroots courts,It is also to follow up the research on Su bet365 Play online games Li's research on the grassroots courts of China more than 20 years ago,is the court management he mentioned at the time、Court Organization、Trial methods and judges' occupations and other issues, and later evolution,Perform system and academic reflection。

Fourth,Enter the channel to determine the depth of investigation。Enter through different relationships,Differences for survey resources will be formed,Restrictions on objective conditions such as time,will significantly affect the depth of the field survey。Among the courts we have investigated on the spot,There are three ways to enter。One is based on work relationship,The court "first leader" receives or even accompanies the whole process,It is often used to visit and perform ritual exchanges in a limited time。The degree of field investigation is relatively shallow。The second is enthusiastically introduced by friends,The court's "first leader" is after the ceremony.,Specific coordination of the person in charge of the office,We interview different judges alone,This field survey is relatively deeper。Third is based on private relationship,The court's "first leader" fully trusts us,Let go of let us investigate,and as long as you have time, talk one -on -one,Even participating in our research team meeting,This field survey is the deepest。Generally speaking,The depth of the survey depends on the degree of trust of the other party。For example,If we are the official identity,Especially commissioned by units at a relatively high level,Talk will have some scruples; if we only have the formal way of opening a letter of introducing letters,There will also be a lack of trust,thus affecting the effect of the survey。

Fifth,Is going once,Still many times? For beginners,Often confused: Is it not enough to go to one place for field survey,Do you have to go many times to find the problem? actually,"It's better to see it at first sight",As long as you can go to the scene, you will have more intuitive feelings than looking at the materials。and,We say "Go once",Not just half the day,but stay for a while,This can initially form an overall understanding of a place。2022 summer vacation,We go to the People's Court of District B for several days of field investigation。On the first day, I went to the first level of the District Court of District B.,Go to the People's Court of District B the next day,third、Four days is the circulation of various halls set in the court of district B,and went to a people's court below to understand the situation,Then I went to the People's Court of District C, which belonged to City A,。Let's interview different judges、Eat with them、Read the internal information they provide,I gradually became familiar with the basic operation bet365 best casino games process of the local court。This includes the organization setting of the court、Personnel Management、Case Management,Also includes the case of the court's filing、Title、Judgment、Each process performed。Of course,How long will I stay at a time,It also varies from person to person。A great scholar does not go for a long time,You can have a deep grasp of experience,and beginners often spend a long time,can reach the extent of the former。

Generally speaking,For a long -term field survey, it can meet the basic requirements of research。If you have energy, you can go many times at different times,I will find more research details。Especially during the study of legal ethnic history,To depict the cause and consequences behind the specific theme,It must be observed for a long time,In this sense,Revisit is very necessary。

Sixth,Go to a place,Or multiple locations? Go to a place in a place for a long -term field survey,This is the study of the national history of legal anthropology。Moore's "Law and Anthropology Manual" just translated and published in China has a special editor,Included Marinovsky、Shapera、Grakman、Boshinan and Basbixi about Africa and Atlantic Laws (Judicial) National Chronicle Research Festival。There is also an interesting translation of Barry’s "Naive Anthropologist",recorded two experiences of the author's field work in a village in Cameroon, Africa。but but,Cases of the court's national history are difficult to complete,No scholars have done specifically in China。Comparison of comparison,It is more feasible to go to a number of courts in multiple places for field investigation,This is also a multi -point comparison research method。Specifically,If we found several problems in a court in one place,You can go to the courts in other places to make further comparisons,For different similarity,Explore the reasons behind。This can overcome the lack of case research methods to a certain extent。

Seventh,On -site survey is one person,Or many people? For beginners,Participate in many people, that is, collectively investigating and growing faster,Especially with teachers to participate in better results。During the field investigation,,Teachers can directly dial students to learn how to observe、How to ask questions、How to record,Things half -effective。At the same time,The main points of the daily survey will be sorted out through a group,Investigators can form problems in the discussion and the idea of ​​explaining problems。Especially when the members of the investigation team come from different majors、Different schools,Discussion tension is greater,The effect is also better。

bet365 live casino games After the accumulation of some survey experience,To conduct more in -depth research,A person conducting a field survey is also necessary,Especially when doing a degree thesis。But a person will have a lot of risks to conduct a field investigation,For example, safety question,Enter a place alone to conduct a field investigation. The possibility of personal danger is higher。Like Alice Goffman's "Escape: A Fighting Life in an American City",It is written in a dangerous situation。

Eighth,Recently the distance between the researcher and the survey object。After entering the investigation,To touch the actual situation,It also needs to be improved in the following aspects。One is familiar with local language。Language is the sense of distance between the researchers and the survey objects,Important forces to establish close connections psychologically。Expression of local language,You can also understand the meaning of the action of the survey object.。So,Researchers need to learn to speak local languages,or at least understand the local language。Especially during collective surveys,Students who can have a local background to participate。Second, except language,Researchers have to get closer to other behaviors with survey objects,Try to make a piece。Researchers cannot maintain the neutral position of the two -point master and guest,Can't just observe,Instead of participating in observation。Third is to ensure that the authenticity of the survey target's narrative is as much as possible。Interview with the judge or the parties only interview once,Its authenticity is often difficult to guarantee,This requires a few more interviews。If the interviewed problems are universal,Then go to interview others,Or compare it by looking for other information,to increase the authenticity of the survey。

Ninth,academic ethics for field survey。Since the field survey itself has not yet formed a scale,Research ethics lacks corresponding serious discussions in China。Our approach is,Try to take notes as much as possible during the survey,No recording video without consent。At the same time,Efforts to do confidentiality and anonymous work。Confidentiality is mainly for mutual confidentiality between the survey objects。For example,You interviewed the judge of the trial,Can't tell the relevant content told the president or dean。Anonymous is mainly for readers,In the process of writing, anonymous for the investigation object。other,It also needs to deal with the relationship between the researcher and the investigation object carefully。For example,What if you don't like to investigate the person or certain occupational status (if you don't like bet365 Play online games a lawyer or criminal)? You should restrain yourself as much as possible,Give up opposing communication,Improving stereotypes by exchange。If the survey target proposes additional requirements,For example,Provide their children with advice and even counseling learning,We can try to meet their requirements as much as possible when conditions permit。At the end of the investigation,Thank you for a little gift。

The above nine points are our experience when we conduct field investigations in the court。Some of the textbooks have already been said,But it is indeed that we feel necessary to reiterate after the field investigation。More importantly,This is more of the reference meaning for beginners。Especially for those students who have not conducted field investigations,Participating in collective surveys is a shortcut to quickly and effectively master the survey method。

Last,I want to mention another question worth reflecting from the perspective of law discipline: Many legal scholars actually have rich legal practice and field investigation experience,But the manifestation of its research results is still a specification analysis。Why does this happen? Why can't the legal investigation of the law be transformed into a standardized analysis of law?,It will become an important issue in contemporary Chinese law research。This question in turn also affects and even determines how legal scholars conduct field investigations,Therefore, you need to take it seriously。

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