强世功权力组织网络与法律治理化——马锡五审判方式与中国.pdfVIP

强世功 :权力的组织网络与法律的治理化—— 马锡五审判方式与中国法律的 新传统（上） Organizational Nexus of Power and Governmentality of Law: Formation of New Legal Tradition in 1940s Co mmunist China Jiang Shigong Abstract There are two opposite kinds of approaches to the studies of mediation characterized by the Ma Xiwu’s Judicial Mode in 1940s communist China. One, based upon historicism, maintains that im portance of mediation in legal system of communist China exhibits the continuance and extension of traditional legal culture in the history. The other, based upon functionalism, e