论社会转型时期农村纠纷多元化解决机制

On the Diversification of Rural Social Settlement Mechanism in the Period of Social Transformation

以宗族调解为主的传统农村社会纠纷解决方式与转型时期农村社会纠纷解决方式有一定的差异。通过比较转型期农村社会多元化解决机制中的具体方式——诉讼与非诉讼方式,可以看出它们各有优劣,但在运作过程中却不相协调。为了解决这一问题,可以从法治与自治的关系出发,一方面,实现诉讼方式与非诉讼方式的协调统一,必须要处理好法治与自治中司法权与当事人自治权的关系;另一方面,要使非诉方式在法治框架内得以有效运行,要尽量协调好法治与民间自治相对应主要依据国家法与民间法的关系。

The traditional way is the clan,which has some differences with the resolution of rural social dispute in the transition period. However,by comparing the transition in the diversification of rural social settlement mechanism- litigation and non-litigation way, we can see that they both have advantages and disadvantages. But they can’t work well with each other.To solve the problem, let us compare the relationship between the rule of law and autonomy, we can find the distinctions. on the one hand, to achieve the harmonization of litigation and non-litigation,we must handle the relationship between jurisdiction and party autonomy right in the rule of law and autonomy; On the other hand, to make the non- litigation way operates effectively within the framework of the rule of law, we should try to reconcile the relationship between national law and folk law.