无需法律的民间秩序——以“许主任家的路”为切入点

Civil Order without Law: Take the Road of Director Xu's Family as the Breakthrough Point

本文通过对甘肃省四龙镇的一个个案研究,从分析许主任家的邻地通行权入手,发现在农村中普遍存在着一种非正式的社会秩序——乡规民约起着稳定社会秩序的基础性作用。该非正式性制度存在的主要原因是:他们是世代居住在一起的邻居,"好邻居不打官司",邻居打官司的人情成本和经济成本太高,所以,农民宁愿采取相互容忍的态度。

In this paper, when the case of Dongping irrigated area of Baiyin in Gansu province was researched, which was analyzed the right--to--pass adjacent land of director Xu＇s family , we found the prevalence of an informal order of civil law in rural areas. This civil order can play the basic role in the stability of society. There are some reasons of the existence of the informal system： they are living with neighbours from generation to generation; ＂the so--called good neighbour can＇t involve in a lawsuit＂. The cost of litigation and economy among the neighborhood is too high. So they prefer to make concessions to avoid trouble, to take the attitude of tolerance, and the order of their own can settle the disputes.