基层多元纠纷化解体系之塑造:以村居解纷机制为视角

The Shaping of a Grassroots Diversified Dispute Resolution System:From the Perspective of Village Settlement Dispute Resolution Mechanism

在我国,多元解纷与社会治理存在正相关性,它更多被视为一种政治制度的实践,可从中解析出社会与国家关系的基本意象。村居解纷机制更是国家政治权力向基层延伸的关键着力点。当前,随着社会转型加速,村居解纷机制形成“三角结构”,即保护型村居调解,维控型行政调解,裁断型司法调解,这种结构各司其职、分工有别。村居解纷机制随之产生新变化,即纠纷分流与分工细化、科层强化与形式理性、法律遵循与法治引导。在嵌入乡土社会结构变迁的村居解纷方式转型过程中,村居解纷机制也面临着诸多现实困境,如内卷化的村居调解,纷争悬浮与资源不足,解纷体系的法律能动性匮乏等。如果从基层实践角度建构发展型村居解纷体系,则需依托司法裁判为村居解纷供给资源,并将重塑治理权威作为提升村居解纷能力的努力方向,通过政治导向矫正非理性秩序,在不断优化法律服务的基础上持续强化村居法治建设。

In China,there is a positive correlation between diversified dispute resolution and social governance,it is more regarded as a practice of political system that can analyze the basic imagery of the relationship between the society and the state,and the village settlement dispute resolution mechanism is the key focus point where the national political power extends to the grassroots level.At present,with the acceleration of social transformation,the village settlement dispute resolution mechanism has formed a"triangular structure",including protective village settlement mediation,maintenance and control administrative mediation,and adjudicative judicial mediation.This structure has different functions and division of labors,so the village settlement dispute resolution mechanism has undergone new changes,including dispute diversion and labor specialization,hierarchical strengthening and formal rationality,legal compliance and rule of law guidance.During the transformation process of village settlement dispute resolution methods based on the embedding in the changes of rural social structure,the village settlement dispute resolution mechanism also faces many practical difficulties,such as the internalization of village settlement mediation,disputes floating and insufficient resources,and lack of legal agency in the dispute resolution system and so on.If a development oriented village settlement dispute resolution system should be constructed from the perspective of grassroots practice,it is necessary to rely on judicial judgments to provide resources for village settlement dispute resolution,and reshape the governance authority as efforts direction that how to improve the ability of village settlement dispute resolution,correct the irrational order through political guidance,then continuously improve the construction of the rule of law in village settlements based on the continuous optimization of legal services.