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法院近年来拒绝接受一些纠纷的行为,实际上质疑了法院完全受强势政治权力控制的传统观点。本文通过仔细考察广东地区法院处理“外嫁女”案件的过程,认为法院有效地抵制了解决此类纠纷的外来压力。由于法院解决此类纠纷存在法律障碍和执行困难,其最终将纠纷处理的责任推给政府,但同意通过行政诉讼审查政府的决定,从而在与政府的权力关系中保持有利的位置。因此可以推断,通过策略性的解读法律,同其他强势政治权力谈判,法院有能力精心盘算和改变他们自身的状况,尽管他们的行为仍然镶嵌在特定的政治和权力背景之中。
The court’s refusal to accept some disputes in recent years has in fact challenged the traditional view that the courts were completely controlled by strong political power. By carefully examining the process of Guangdong’s district court’s handling of the case of “married woman”, this article argues that the court has effectively resisted the external pressure to resolve such disputes. Because courts have legal obstacles and enforcement difficulties in settling such disputes, they finally push the responsibility for dispute settlement to the government, but agree to review the government’s decision through administrative litigation so as to maintain a favorable position in the power relationship with the government. It can therefore be inferred that by strategically interpreting the law and negotiating with other powerful political powers, the courts are capable of carefully calculating and changing their own situation, although their behavior is still embedded in a specific political and power context.