涉林纠纷“大调解”机制的县域实践与治理路径——基于武平县的调研

County Practice and Governance Path of “Great Mediation” Mechanism of Forest Disputes: Based on the Investigation of Wuping County

涉林纠纷事件具有复杂性、群体性、危害性,亟需创新纠纷化解机制。武平县涉林纠纷“大调解”机制,在组织架构上创建纵向定责和横向联动机制,形成纠纷治理的压力体制;在运行流程上构建诉前化解与诉调衔接机制,实现诉讼与非讼的有机契合。两个面向双管齐下,达成涉林纠纷化解的整体性格局。研究发现,在涉林纠纷“大调解”机制的实施过程中,科层组织的维稳逻辑、农民个体的利益逻辑以及村落共同体的秩序逻辑三者相互嵌套,共同构筑纠纷化解的一致行动,而这也促使涉林纠纷的调解途径呈现由单一制转向多元化、由个案处置转向源头治理、由对抗性转向协商性三大治理特色。

The event of forest-related disputes is featured by complexity, groupment and the harmfulness, and there is an urgent need to innovate the dispute resolution mechanism. The “large mediation” mechanism of the forest-related dispute in Wuping County is to create a vertical and horizontal joint mechanism on the organizational structure, to form the pressure system of the dispute management, and to construct the mechanism of the connection between the litigation and the litigation before the operation process, and to realize the organic fit of the litigation and the non-litigation. The two sides face a two-pronged approach to deal with the holistic pattern of the dispute settlement of the forest-related disputes. It is found that in the process of implementing the “great mediation” mechanism of forest disputes, the stability logic of hierarchical organization, the interest logic of individual farmers and the order logic of village community are nesting each other to construct the concerted action of dispute resolution, which also promotes the mediation of forest disputes from unitary system to diversification, from case disposal to source governance, and from antagonism to negotiation.