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我国民间调解的问题反思和优化路径 被引量:1
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作者 唐太飞 李现民 《河北法学》 CSSCI 北大核心 2017年第8期195-200,共6页
通过对河东民间调解调研的实证研究,可以发现我国民间调解在深受广大人民欢迎的背后,仍然存在乡土调解和法律规定之间、乡土调解人员的内生权威性要求和现代制度权威之间,以及解决纠纷和保护合法权益之间的矛盾,严重制约着民间调解功能... 通过对河东民间调解调研的实证研究,可以发现我国民间调解在深受广大人民欢迎的背后,仍然存在乡土调解和法律规定之间、乡土调解人员的内生权威性要求和现代制度权威之间,以及解决纠纷和保护合法权益之间的矛盾,严重制约着民间调解功能的充分发挥。对此应该通过以法律规定为基础进行调解、将宗族长纳入现代调解的制度体系,以及以保护当事人合法权益为调解的根本目的等优化途径,促进民间调解在法治建设背景下的顺利发展。 展开更多
关键词 民间调解 河东民间调解 乡土调解 多元化纠纷解决机制
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In Search of Social Life with “No Litigation”: A Case Study of People's Mediation in Southeastern Chongqing
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作者 田阡 Lisa Lai 《Social Sciences in China》 2016年第2期142-162,共21页
There are differences in form between the people's mediation system and traditional folk mediation. However, in terms of its scope and basis, people's mediation has actually evolved from the traditional Chinese folk... There are differences in form between the people's mediation system and traditional folk mediation. However, in terms of its scope and basis, people's mediation has actually evolved from the traditional Chinese folk mediation system. In a changing world, grassroots farmers place demands on this form of mediation that provide it with a space for existence. At the same time, the system needs to make institutional adjustments in response to local features.On the basis offieldwork in Southeastern Chongqing, this study analyzes the demand factors among farmers at the grassroots level from the point of view of social relations, economic capital and legal resources, Furthermore, taking the practice of the people's mediation system in Southeastern Chongqing--the "mediation courtyard"--as an example, we analyze the application of local knowledge to people's mediation practice at the grassroots. Our study found that under the influence of emotional factors and livelihood rationality, the villagers demand that social relations be maintained. Since the people's mediation system aecommodates this demand, it has ample room for existence in the villages. On the other hand, people's mediation is a passive choice to which villagers are driven because of their lack of economic capital and legal resources. In response to the settlement features of mountainous areas and village social relations and systems of meaning, the people's mediation body took institutional measures to localize mediation (the mediation courtyard), integrating the people's mediation system into the logic of village life; but it failed to respond to the problems caused by farmers' disadvantage in relation to economic capital and legal resources. On the basis of our research, we end with some reflections on a developmental path for national systems for the management of village society. 展开更多
关键词 earthbound society people's mediation mediation courtyard no litigation
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