纠纷解决过程的法社会学分析——读《纠纷的解决与审判制度》

Analysis of Sociology of Law on the Process of Dispute Settlement——Comment on Settlement of Dispute and Judicial System

以合意为正当性依据的准审判过程在现实运作中是一个决定性因素和合意性因素、状况性因素和规范性因素相互混合作用的过程;审判过程虽然是以中立性的决定方式解决纠纷,但是同样避免不了外部压力对其的影响和制约;准审判过程中的交涉性的合意机制能够为建构新的审判模式提供有益因素。

Quasi-judicial processes are that the compound factors are interacted on in the real practice, including decisive and agreeable factors as well as status and normative factors; Judicial processes could not avoid impacts and constraints from external pressure for it, though they always settle disputes in the way of neutrality; The negotiable agreement mechanism in the quasi-judicial processes can provide valuable factors for constructing a new mode of judgment.