Social Capital And Rural Dispute Resolution

Along with the social changes in rural areas, the rural disputes and disputesettlement mechanism changes too. In the background traditional disputes and disputesstill occupy the dominant，there also appeared a lot of new problems. In the traditionalrural dispute resolution studies of law the modern rule of law as a solution to disputesin rural area and rural disputes settlement mechanism are the construction way,attempts through to the rural disputes and dispute settlement mechanism of modernsupply to change the rural disputes and disputes in rural area problems.From the beginning of the last century, social capital theory became widely usedin the field of social sciences as a theoretical framework, from the perspective view ofsocial capital, disputes and dispute resolution is embedded among the rural socialstructure, only we study the changing society in rural of the social structure deeply tobe able to better understand, interpret and construct rural disputes settlementsystem,and provides confidence for different groups in the macro to rebuild the socialcapital of rural social order, social participation, networks, and norms in the micro forsettling disputes involved in social mobilization force, and through the exchange ofsocial capital on the microscopic reproduction of the social order.For research of the disputes and disputes resolution of china rural, social capital isa new interpretation of perspective of disputes and their solutions. Traditional andmodern multiple factors affect rural dispute and it’s settlement run. The theory ofsocial capital can make up for the traditional jurisprudence research, human relations,face rejection etc on the dispute and its settlement influence, thus various informalnorms and laws and formal specification of the interaction and coordination. Socialcapital theory concerns embedded in social structure in the action, the dispute and itssolution are embedded in the social structure, social capital can influence. Thechanging countryside in traditional social capital and the modern social capital arerelatively lack of the state, the traditional social norms and the modern legal normshave been affected.Rural social changes led to the rural social capital exists fracture and deletion,interpersonal relationship, farmer value world, cultural space has changed, the original social norms because of the lack of corresponding social capital support for rural socialorder, can not provide sufficient protection, and state law also cannot get the peasantsidentity inside, thereby applicable law is not smooth and the existing social norms andthe dual problem of failure. Not only affects the rural disputes settlement properties,also affects the farmer to dispute solving mode selection, also affects the way to settlethe dispute effect.At the same time, the rural social change also leads rural social capital todiversification, and provides different needs for the rural social order reconstruction.Because rural differentiation, endogenous to the legal requirements, at the same time,the country stems from the need of management, puts forward the method to send goto the countryside, the two only in the social capital can fully support it can get mutualconvergence and integration.In traditional society, participates emphasizes interests behind, human factorshave important value, and changes of the society, brought a farmer to conduct rational.Rational make rural dispute resolution in interests become the main factors to consider,rural settlement of disputes taken back or persuade even take the destruction ofviolence, than prior to the choice of more complex. Individual farmers from theirclosed rural geographical environment and cultural environment, which have morechoices space, there will be no absolute public pressure can significantly weaken thefarmers’ living standard and social status.Only in the countryside to build up social capital in everyday life, formation ofadequate maintaining the rural social order social pressure, which makes the ruraldisputes can be resolved in the diversified dispute solution form a good interaction andmutual and harmonious, ability in daily life the completion of the national and societyis benign and interactive.The community construction needs to solve a farmer to the reconstruction ofinterpersonal relation, the original building in blood and region on the basis of thespecial trust to build in division of labor on the basis of universal trust. This needs tosolve two problems; one is the role of occupation, and secondary group socialization.Through these two problems are solved, the farmer identity conversion to citizenship,the interpersonal special trust into universal trust, and reconstruct farmermodernization interpersonal relationship. Based on the above analysis, the article thinks, want to establish the rural socialorder in the changing society dispute resolution mechanism, including the dailypractice to begin, through the construction of rural communities, in the daily life offarmers practice cultivated enough produced to meet the needs of rural social capital,trust mechanism, organic participation network and is adapted to regulate system. Onlyin this way, the change of rural society to be able to dispute resolution systems providean adequate social basis, which can adapt to the traditional rural social capitalrequirements, and can meet the needs of a changing society dispute resolutionmechanism, formed with the modern concept of the rule of law based on justice as thecenter of modern dispute settlement mechanism.