| The contemporary western countryside of China is experiencing rapid transition,and the western villages present a form of semi-open.With such social reality background,the rural society on one side still retains part of the traditional factors,whilst on the other side,it is being affected by external factors.In this situation,the rural power has evolved into a complex new multi-dimensional pattern.The personal power,social power and national power exist in one rural field.The problem is that,this pattern of multiple powers brings new challenges and issues to the national governance and rural legalization procedures,but it has not attracted enough attention from the law circle.The uncertainty and conservatism of power cannot establish long-term stability mechanism in the local society,which makes it fall into the subjective will that is forced,unequal and random.Hence,actually the contemporary rural villages are still under non-legalized and human-constructed orders,This is the basic proposition of this paper.it has composed the main background of rural power study.The power structure of a semi-open society includes the triple structures of individual,society and state.The three-power structure shifts away from the popular state-society dual model in academic society and extends the power to a more micro-personal structure.This theory originated from Foucault's theory of micro-power of diffusion.It is the most important analytical tool of Thesis.Based on the pattern of power,this paper studies the current situation of power,disputes and disputes of resolutions through the field investigation of a particular village.Taking the Structure-process as the route.The semi-open society as the main context,the hometown Anthropology and the case analysis method,we got a lot of first-hand datas and information as the basis of the analysis,Which reveal the operation process of power in the process of solving disputes,to find current reality about the semi-open country,this is the origin of study the topic.On the one hand,it helps to solve the domestic question of the village,Which is also a traditional means of autonomy;on the other hand,it has some connection with the law.This connection is a part of village semi-open society.This argument is the basis of the research thesis,we can find that rural governance needs to construct the right model to fit the reality of semi-open society,but,there have not a effective mode to respond between the rural and the national.The rural individual power structure mainly includes the authority,the declining elderly,women,villagers and other adults whoare responsible of composingthe rural order.This structure reflects the rise and fall of current rural individual power compared with before,especially the powers of women,young people and the elderlypresent both strong and weak characters.Social power includes informal organizations and village-level power systems.Informal organizations are formed by the bully group,the elderly group,young people,family,relatives and other groups,in which the family relatives take the dominate roles.Village-level power system is the formal organization of the village,including a three-level system covering the village committee,natural villages under the village committee and the villager group.The way that the state power exists in rural areas is by providing legal services to countryside,as a kind of social welfare that will re-construct legitimacy and authority,to avoid the previously-performed political organizational control through some kind of coercion and arrangement,therefore this penetration of power will gain more agreement from the villagers.The above-mentioned power structure affects the settlement of rural disputes.The disputes within the same power structure are subject to the restriction of the power structure,for example,the disputes within the bully group will resolve within the group itself.Different power structures have their own ways of solutions.From the civil authority to the village power system and then to the state,reconciliation,compromise,mediation,litigation and other diversified multi-dimension forms are shown throughout the process,such as semi-forced way,cuisine treatment,meeting solution,speak favorably on behalf another,involving of security officer,meditation from team leaders judgment and so on.Through the long-term study of specific villages,it is found that the quantification of dispute resolution in the three-fold power structure of individual-society-state decreases from the bottom to the top,namely there are less disputes on the top.This change reflects the dispute control from the hierarchical and filtering function of the rural power structure,and it can be summarized as the "sift-off"theory."Sift-off"means that the power structures control a large number of disputes at the grassroots level,in order to reduce the trouble brought to the state level,playing a very important role of maintaining grassroots social stability and balance.These subtle technologies can achieve the functions of handling of some routine affairs that the law cannot deal with,and will even organize and govern the local social order effectively at the cutting-edge of state power,therefore they are effective tools to maintain stabilities of local society.However,this may obstruct the practice of law in rural areas,causing repeated cycles of power in rural society,resulting in the involution of the countryside.In the microstructure aspect,based on a field of dispute analysis,including power order and power form.The order of power is differential,displays the weightsand priority from inside to outside,namely the involved party,mediator/adjudicator,peripheral power structure and so on.The forms of power include three modes of power:domination/decision mode,power politics,conspiracy/agreement,and these three kinds of power modes are intertwined in the same dispute field,and all of them are for the objective security of the involved party,which makes the resolving of disputes intoa micro-political activity.As a static,macroscopic method,it is difficult for structure to find the power of technology,strategy and conceptual issues,therefore the research from structure to process is the basic characteristics of power analysis.Disputes between mother-in-law and daughter-in-law based on array of personal power,the electric wireissue that involves the whole village,the village-level power meditation becoming the analysis object of social power operation.The land contracting lawsuits ground the expression of state power,introducing the operational logic of the individual-society-state in the countryside.Through the investigation of individual power in the disputes between mother-in-law and daughter-in-law,their respective power strategies are analyzed from the perspective of language.The most important strategiesof such in-laws disputesare displayed of silence,complaint,public opinioncampaign and accusation,in order to acquire some kind of indicating and influential power.It is difficult to find who is right and wrong in such inward disputes,due to the rise of women's power and the recession of the elderly power,which triggers their contradictions,and expand into the rural disputes.It should be emphasizedthat,the substantive fairness willonly be achievedby rebalancing of powers,andit is alsoboth the dispute solution and the way to avoid the source of the dispute.In respect of the informal organization of the social power,the process from division to the integration of the family relationship can be analyzed through the settlement of electric wire disputes.The family relationship replies on marriage and terrain,but the disputes split the family network and resort to the terrain power again,whichsplit the family relations.When the disputes are resolved,such departed situation will maintain for some time,and then begin to return to the initially-established relationship slowly.The cycle of "original state-split-normal state",reflectsthe swing law of the family power thatwill neither split too far,norwill completely change,which also shows that power has the repairing function,to avoid leading to serious social damage effect.Village-level power mediation is an important part of rural social power in order to resolve disputes,and it lies between informal and formal ways,resolving issuesusing the methods closing to the state level,the state also achieves grassroots governance by controlling the disputes through the village-level system.In the process of mediation,security officers use the power tactics of pressuring,persuasion,personal talking etc,based on relationship,face,concept,tradition and other cultural practices that shape authority.It is the villagers'land contracting lawsuits that lead to the presence of the state and the exercise of power.As a core interest,when it comes to the land disputes,neither local knowledge nor informal power can produce any substantive power to resolve such disputes,as land disputes not only extend to a series of other disputes surrounding the core disputes,but also affecting the daily life of the whole village,which make them the major events of the countryside.Dispute overflowing and suing to the court constitute a strong resistance of villagers to the involved parties."Going to the court" reflects that,either by providing the law services or embracing the law cannot fully explain the basic issues of rural justice and the rule of law."Going to the court" is a third-party discourse,indicating that the villagers take the initiative to approach the national interest to achieve a certain orientation,rather than passively expect support from the state.The operation of power in the process of dispute resolution reflects the multiple expressions of the villagers,in the context of semi-open society.They can either solve their own problems,or seek other forces from the society,and also,they can resort to the court due to the convenient transportation.These procedures are classified as rural approaches under the new situation,which reveals the concept of diversified justice that hides behind,that includes the concept of both civil justice and judicial/legal justice.Such two sets of justice constitute the current spectrum of village justice.Since the justice of villagers 'understanding is different from the justice given to them by the state,the expectation of villagers' pursuit of justice deviates from the justice given by the state,the diversified justice needs to be covenant and coupling.In the process of resolving rural disputes,the rule of power is superior to that of rules.Power is still the main way to deal with rural problems,and is also the basic forms of interest expression reflecting their basic concepts.In the settlement of rural disputes,power of governancestill takes the dominatingrole,while rule management is not so important,and even when the rulesare to solve the problems as a dominant means,they are only deemed as resources instrumentallyused by the villagers to resolve conflicts.This is the basic conclusion of the paper.How to combine the power spectrum and the rule of law in order to create a modern sense of rural order?This shows that the rural society needs to build a set of multiple power order that is orderly and in line with the rules of law.Among the"Individual-society-state","individual-society" is reflected in rural autonomy,and the self-government is achieved through the bottom-up approach to resolve disputes;society-state is reflected in terms of governance,rural governance is realized through the top-down approach to solve grassroots contradictions and provide legal services to rural areas.In view of the rule of law,the autonomy governance model constitutes the key to the modernization of rural areas,of which the state power,especially the law,as the core,is the key to the village governance.In other words,only by taking the rule of law as the essence of the pursuit,and constructing of a set of rural power system that is in line with the law and rule of law at the same time,constitutes the pursued goal of the autonomy-rural rule by law model. |
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