规则抑或规范:村干部处理矛盾纠纷的策略选择——以鄂西南沙镇D村为例

Rules or Norms:Strategies for Village Cadres in Handling Contradictions and Disputes——taking D Village in West of Hubei Province as an Example

随着村干部治权的弱化,在矛盾纠纷处理中难以仅靠村庄规范来解决村民之间的矛盾。同时,打工经济兴起后,村民所接触的思想观念受到现代市场的冲击,村民的行为逻辑由"伦理导向"转为"利益导向"。如何能够顺利调解村民之间的矛盾纠纷,从而在政策上符合"小事不出村,大事不出镇"的行政逻辑,是乡村两级干部的重要工作。从本村的矛盾纠纷类型来看,主要分为赡养纠纷和土地纠纷,本文从变迁的视角来考察村干部对这两类纠纷的处理策略。研究发现,村干部的策略选择经历了"规范(威权)——规则(法权)——灵活变通(法威并施)"三阶段,这既符合乡村社会复杂性的事实,又弥补了法律规则在乡村僵化的不适应性,村干部只有灵活运用这两套策略,才能在矛盾纠纷解决中树立自己的权威,并符合自上而下官僚体制的问题解决导向,实现基层有序治理。

With the weakening of village cadre＇s power of governance, it is difficult to solve the contradiction between villagers by village norms alone in the handling of contradictions and disputes. At the same time, after the rise of the wage-earning economy, the ideas and concepts contacted by the villagers are impacted by the modern market. The villagers＇ behavioral logic is changed from ＂ethical guidance＂ to ＂interest-oriented＂. How to successfully mediate the contradictions and disputes among the villagers so as to conform with the administrative logic of ＂no small thing out of the village and no major event out of town＂ in policy is an important task for rural cadres at both levels. From the types of contradictions and disputes in the village, it is mainly divided into support disputes and land disputes. This paper examines the village cadres＇ handling strategies for these two types of disputes from the perspective of change. The study found that the village cadres＇ strategic choice has experienced three stages of ＂regulation （authoritarian） - rules （legal fights） - flexibility＂ （Favorart）, which is not only in line with the fact of rural community complexity but also makes up for the law Only when the village cadres use these two sets of tactics flexibly can they establish their own authority in the settlement of contradictions and disputes and comply with the problem-solving orientation of the bureaucratic system from top to bottom so as to realize the orderly governance at the grass-roots level.