调解文化的生存基础及其变化——基于鄂东乡村调查的分析

The survival foundation and the changes of mediation culture——On the data analysis of the investigation into the villages in eastern hubei province

调解文化是传统社会"和为贵"与"礼治"思想的产物,它适应了土地依附与关系型生存格局中的农民低成本解决纠纷的需要,也保障了统治者教化御民、实现"无讼"治国理想、维护宗法专制统治长治久安等功利性政治目标的实现。现实社会中,尽管纠纷中的农民仍然"习惯性"地选择调解,但是,调解文化赖以存在的基础——农民的生存格局与价值观念,已经发生深刻的变化。在现代法治文化的冲击之下,传统民间调解的公正性与适用性正在经受严峻的考验。这对我国法治体系的建设提出了更高的要求,也给我国落实依法治国理念、建设法治社会提供了良好契机。

Mediation culture is a product of the ＂Harmony＂ and ＂Rule--by--Rites＂ thoughts in the traditional society. It has been adaptive to the need to resolve disputes at low cost for the farmers in the survival pattern of land dependence and relationship, and has also guaranteed the realization of the utilitarian political objectives that the governors rule people with ＂ceremony＂ and ＂moral＂, achieve the ideal of running a country with ＂no litigation＂, and maintain the long --term stability under the patriarchal authoritarian rule. In realistic society, despite farmers in disputes are still accus-tomed to choosing mediation, the existing foundation of mediation culture, the farmers＇ survival pattern and values, have greatly changed. Under the impact of the modern rule of law culture, the justice and applicability of the traditional folk mediation is undergoing a severe test. That has put forward higher requirements for the construction of the legal system of our country, also provided a good opportunity for our country to implement the idea of governing the country by law, and to build a society ruled by law.