面向村落:纠纷解决中的乡土逻辑与法治偏差

Resistance Confronting Judicature in Settling of Rural Disputes

现代司法在乡土社会的下沉面临多种力量的制约与阻隔,其下沉的速度、幅度与深度都可能因多方面的原因而呈现出差别迥异的格局。现代法治的下沉所借助的最大推动力并不是政府法治的宣传与推广,也不是司法体制改革的深入与拓展,而是依赖于现代传媒技术的普及等一系列因素。村落纠纷呈现出不同于市民社会纠纷的乡土特质,原因是多方面的。面对纠纷,纠纷主体所考虑的利益与选择的策略是多元的,由此形成了村民所追求的以生存空间的维护为核心的"正义观"。

Administration of justice in settling village disputes of modem China encounters a number of resistance and constraint of different natures, and these forces may adversely affect successful judicature in terms of its extent. It is argued in this paper that the successful administration of justice in solving rural disputes depends far less on the publicity drive by the government nor on reforms of the judiciary system than on mass media in infomiing villag- ers of the correct interpretation of justice. This is because rural disputes often differ from their urban counterparts for varied reasons and the subjects in the former case may out of their individual interests resort to a variety of strategies in the name of ＂justice＂ which is, however, largely concerned with the living space of villagers.