差序格局下农地纠纷村民自解的理性违背与法治化思考

Rational Violation and Legalization Thinking of Villagers’Self-Resolution of Farmland Disputes Under the Differential Order Pattern

村民与村组织间的农地纠纷涉及村民自治的内容、村民核心利益以及多数村民利益,而差序格局下的“私”导致了村民对自身权益的竭力维护,这就使得利用宗亲、血缘等社会关系影响纠纷主体以化解矛盾的村民自解模式难以发挥应有的效果并存在理性上的悖论。因此,需要限制村民自解的适用,发挥诉讼对纠纷解决的终极作用,强化农地仲裁和仲裁庭调解的功能,形成层次化的行政调解结构,从而完成村民与村组织间农地纠纷解决机制的法治化重构。

Farmland disputes between villagers and village organizations have characteristics that involve villagers’autonomy,core interests of villagers,and the interests of most villagers.The“privateness”under the differential pattern has led to the efforts of villagers to protect their own rights and interests.The villager self-solving model that uses clan kinship,blood ties and other social relationships to influence the main body of the dispute to resolve contradictions is difficult to exert its due effect and has a rational paradox.Therefore,it is necessary to restrict the application of villagers’self-settlement,give full play to the ultimate role of litigation in dispute resolution,strengthen the functions of agricultural land arbitration and arbitration tribunal mediation,and form a hierarchical administrative mediation structure,so as to complete the reconstruction of the rule of law of agricultural land dispute resolution mechanism between villagers and village organizations.