Analysis Of The Dispute Settlement Mechanisms Of The Rural Society

Along with lucubrating attention of the folk law by the academia in recent years, a series of problems relate to the folk law have been increasingly standed out. To the question for discussion, most of jurisconsults adopt the investigation of the form of campestral research. They summarize the model of troubleshooting in the civilian society by the backdrop of several autoptical cases and folk custom. However, on this condition the biggish difference exiting between the development of economy and the traditional culture, treating the approach to troubleshooting and the choice of the norm, the people in the different area have biggish agility. Hereby, taking angle of view of the legal sociology, the text treats the party, the applied norms and the executant as the investigative objects in the process of troubleshooting, discusses by the numbers the state of the troubleshooting in the civil society, so as to think the existing diversified situation of it.According to the social characteristic that we are in the transformation, firstly, the text analyses resumptively several obvious characteristic of the civil dissension in current, and afterwards resumptively knows the way of troubleshooting of civil-informality and official-formality which are appealed, and thereinto analyses the deficiency of these resorts. Again, this is the emphasis of the text. It starts with the party, the applied norms and the executant which is the main element in the process of troubleshooting, and analyses how the people settle the conflict. To the party, from the different encounter of the different case of the villager which is divided into resident and moving-away, the text reflects the impact of the order between the country and the nation, and expatiates the incapability of the two people when they envisage the state law. To the latter, recurring to two model which refers to culture-support obeisance and third-party-support obeisance, the text goes deep into analyse how the state law and the civil norm fight between the civil individual and the society in the process of the troubleshooting, and in the case of troubleshooting by the different authority supporting, and ultimately manages to the freewill obeisance of the party. Be different from the acceptability-troubleshooting model of Peng Lai xiaoxiong, the freewill obeisance of this text eliminates some dark concept and reappears the conscience, the moral sentiment, the submissive desirability and the right sense of the individual more truly. To the most important, in the real process of the troubleshooting the two types model is a continuum of which the law operates from a little to much. The finitude of each phase is running and every dissension dose not involve all the process, but the level of the law is upgrading ceaselessly. Therefore we educe the conclusion: the law in the fathered society is on the leading firm. Finally, the text puts forward a basic frame about the troubleshooting of the country which treat the state law as supporter, the civil intercession as the vanguard and other form as the complementarity. Howover, in facing of the diversiform ways between the settled dissension and the fathered society, we need think conversely how to ascertain the relation between the civil intercession and the state judicature, and how the judge changes the judicatory skill in order to adjust the conflict of the culture between the opposite party when the dissension enter into the judicature. All in all, to the study of the task, we still continue discussing many problems. But because of the limited ability and time, we hope that the discussion of the dribs and drabs of this text can be much farther revelatory for the theory of the civil law.