依法治国背景下农村居民的法律规避研究——以纠纷解决为中心

On Rural Residents' Evasion of Law in the Context of Rule by Law——Focusing on Resolving Disputes

依法治国的推进要求树立宪法与法律的权威,强调一切公民、组织的活动都应严格遵照法律而行。然而,农村居民在遭遇纠纷之时往往选择法律规避,常常通过非法律方式解决纠纷。农村居民选择法律规避并非完全出于法治意识淡薄,而是法律规避通常有利于化解矛盾解决纠纷,并非与法治完全对立。法律规避在农村具有一定程度的普遍性,有其客观的现实原因。即便如此,在推进依法治国的过程中依然必须采取多种措施以有效减少法律规避,从而增强宪法与法律的权威。

The promotion of governing the country by law requires to establish the authority of the Constitution and laws, advocate all citizens and activities be strictly complying with the law. However, rural residents when encountering disputes often choose evasion of law, and solve the disputes through extralegal methods. Rural resi- dents＂ evasion of law is not because they are lack of legal consciousness but because they want to solve the dis- putes more easily, which is not a total opposition to rule by law. Evasion of law in rural areas is popular in cer- tain degree, which has its objective reality. Nevertheless, various measures should be taken in the course of gov- erning the country by law so as to decrease evasion of law and enhance the authority of the Constitution and laws,