民生法治视域下农村社区矛盾纠纷治理之道

Study on Mediation for Disputes and Contradictions in Rural Community from the Perspective of the Rule of Law Related to People's Livelihood

近年来,全国农村社区矛盾纠纷排查调处实践中逐渐探索出了一些较好的典型做法和经验,在技术手段、目标设置与治理格局诸多方面呈现出新型治理意蕴。但实际运行中,由于当前基层综合治理体制组织资源、制度资源的薄弱,导致农村社区矛盾纠纷排查调处体系和结构面临了诸多困境和问题。从根本上看,农村社区矛盾纠纷排查调处作为一项社区公共服务,同时也属民生法治领域的治理范畴。由此,在全面推进农村社区建设的背景下,必须建构与农村社区法治需求相适应的民生法治体系,以"共治"为思路推进政府、社区与居民依法共同参与社区治理,以"民生"为前提促进社会组织参与社区矛盾纠纷治理,以"法治"为保障努力把社区矛盾纠纷的解决纳入法治化轨道,从而形成以维护农村社会稳定和实现以民生法治为导向的基本运作机制。

For years,governments in different provinces have formulated a series of policy to guide and guarantee the mediation for deputes among grass-roots.Thus samples and experiences haven been concluded from the practice of identifying,investigating and solving deputes in rural communities,which demonstrates some new features in technical means,goal-setting and governance set-p.Factually,the mediation of disputes has been challenged by many problems and predicaments for the shortage of organizational resources and institutional resources in basic system of comprehensive governance.Basically,as a social public service,the mediation for deputes of rural community is also within the sphere of people's livelihood and legislation.Therefore,under the background of overall promotion for the construction of rural community,it is necessary to establish a law system related to people's livelihood in accordance with the need of rural communities in the future.Finally,the paper proposed to set up a basic operation mechanism under the principle of maintaining the stability of rural community and fulfilling people's livelihood within the legal system,it calls for the joint efforts of government,community and residents,the participation of social organizations in dispute solution and the involvement of community dispute solution into the legal track.