纠纷,秩序,法治——探寻研究纠纷处理与规范形成的理论框架

一、导言我国正处于一个意义极为深远的历史转型期。计划经济转向市场经济,人治转向法治,利益价值的一体转向多元化等已经成为社会发展的明显趋势。在这一过程中,为了既促进转型同时又确保经济高速增长和秩序稳定,也为了对付和解决伴随着转型期而必然出现的种种不平衡乃至规范失落或秩序紊乱的问题,法学研究者一直在努力作出自己的一份贡献。

This paper surveys some studies on dispute resolution in the disciplines of legal anthropology and the sociology of law,mainly from the academic circles of the North North America.These studies are also examined against the background of the ADR movement.The aim of this survey is to search for some theoretical frameworks,which could be applied to studying legal disputes and other in China.The author realizes that Dispute resolution is intrinsically related to norm formation and the concept of order in the western tradition,especially the dispute settlement reached by courts through a set of special procedures,which are very important for one of the western orders,the so-called"rule of law".Finally,in order to collect related data and do further researches in this field of China,several suggestions are presented.