乡村社会的民间法与纠纷解决——来自河北保定冀北村“招墓角”家庭纠纷的调查

Folk Law and Dispute Settlement in Rural Society——Survey of “Widow Remarriage” Family Disputes in Yibei Village, Hebei Province

河北省保定市冀北村至今还保留着"招墓角"这一民间婚姻风俗。笔者通过对该村"招墓角"家庭纠纷的调查发现,从表象上看,人民调解成为了该村解决民间纠纷的主要方式,国家法似乎有了某种"失灵"的迹象。因此,必须客观认识民间法在乡村纠纷解决中的特殊地位及其与国家法之间的关系,二者虽然存在着结构性断裂,但也有着共同的逻辑基础。在当今文化多元化、纠纷多样化的乡村社会,应当构建适合乡村社会自身特点的以人民调解为基础的多元化纠纷解决机制。

The folk custom of “widow remarriage” is still kept in Yibei village, Hebei Province. Based on the survey of “widow remarriage” family disputes in the village, this study observes that it seems people’s mediation is the major means to solve folk disputes and the national law is to some extent “ineffective”. Therefore, we must recognize objectively the special role of folk law in solving rural disputes and its relation to the national law. Although structural fractures exist between folk law and national law, they also share common logic basis. In contemporary rural society where cultures and disputes are diversified, it is necessary to construct diversified dispute settlement mechanism based on people’s mediation so as to meet the characteristics of rural societies.