城市化失序、新市民与民事纠纷解决机制的便利化升级

On Accessible Promotion of Resolution Mechanism of Urbanizational Disorder,New Citizens and Civil Dispute

新市民是城市化过程中产生的数以亿计的城市新群体。这个群体是城市化进程的重要推动者,也可能是城市化失序的肇因。本文以与新市民关联度较高的民转刑案件作为切入点,在情境人性分析范式下,分析了文化人格错位情景下新市民的需求与行为取向,发掘并论证了新市民发生人性极化变异的深层次原因,得出冲突中的新市民因丧失了既有社会网络的支撑,易于将民事纠纷升级为刑事犯罪的结论。便利的民事纠纷解决机制是新市民融入城市社会的必要社会支持网络构成要素,经分析本文认为从民转刑案件的时滞效应、新市民纠纷解决策略、民转刑防控实践、国际比较差距等方面看,我国民事纠纷解决机制仍有宽广的提升空间。可信赖的、可接近的、可视的、理性的民事纠纷解决机制是新市民迫切需要的社会支持来源。这个方向上的持续努力将大大降低民转刑案件为表征的城市化失范现象。

New citizens refer to the billions of new groups in the city during the process of urbanization. These new groups have prompted the urbanization process and may also have caused the urbanization disordered. Based on the civil suits turning into criminal cases which are closely associated with new citizens, this paper analyzes the needs and behavior tendencies of new citizens in the context of dislocation of culture and personality. With the analytic paradigm of contextual personality, it explores and argues on the deep reasons of the extreme changes of new citizens' personality, and draws the conclusions that the new citizens are prone to convert civil cases into criminal ones when they lose the support of the existing social network. The accessible mechanism of civil disputes was a necessary part of social supporting network for new citizens to adapt to urban society. This paper finds out that the civil disputes resolution mechanism in China still has potentials to improve in the aspects such as time-lag effects of civil suits turning into criminal cases, resolution strategies of new citizens' civil disputes, prevention practices in civil suits turning into criminal cases, and disparities between China and other countries. The reliable, approachable, visible and rational civil disputes resolution mechanism is the origin of social supporting network desperately needed by the new citizens. It believes that constant efforts on the resolution mechanism would greatly prevent the urbanizational disorder represented by civil suits turning into criminal cases.