纠纷调解与法律知识——以河北李村以及广西金秀的田野考察为例

Dispute Mediation and Legal Knowledge——Taking Li Village,Hebei and Jinxio Village,Guangxi as Examples

乡村社会的诸多纠纷的解决主要还是依靠调解的方式而非直接诉诸法庭的判决。村民最为便利以及最为＂合情合理＂的做法是先去找村里的调解委员会来帮助化解纠纷。习俗在约束当地人的行为上有着一种外在的法律所不可替代的角色,而调解作为一种地方性的习俗同样具有这种不可替代性。如何能够在内部的习俗力量以及外部的法律知识之间寻找到一个相互融洽的支点成为今天法学家以及社会学家都无法避开的社会现实。

In contemporary rural China,disputes are resolved mainly through mediation instead of resorting to court.Seeking the intervention of the mediation committee of their village is still widely considered by villagers as the most convenient as well as " sensible" way of resolving disputes.The role of local custom in regulating the conducts of villagers cannot be replaced by the law being imposed from outside.Similarly,as a constituent of local custom,mediation is also irreplaceable.Therefore,the paper argues that it is an unavoidable social obligation of both jurists and sociologists to find out an interface for coordinating the power of custom existing inside of village communities and the legal knowledge being established outside.