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The Disputes And Their Resolution Of A Village-Studying The Role Of Law In The Changing Rural Society Simultaneously

Posted on:2016-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:K ShaoFull Text:PDF
GTID:2296330467494809Subject:Legal theory
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Today, our country is constructing the rule of society, the rule of country, so wemust have a clear knowledge of the influence of law. The core issue of this paper is tostudy what in fact the law in what a degree influence the rural society and the act itplay in constructing and maintaining the rural social order. However, the operation oflaw in rural society has so many aspects and it beyond my knowledge,so I confinemy issue to the resolution of dispute. The reason could be found in two aspects.Firstly, the resolution of dispute is the direct description of the influence oflaw.Secondly, because there are many dispute resolutions in rural society, we cancompare different dispute resolutions and have a more clear knowledge of theinfluence law have on rural society.In order to do it, we first should have a precisejudgment of the rural social nature. The author read relevant paper and use hisexperience of rural society, agreeing the “semi-acquaintance society” is the bestjudgment of the rural social nature.“Semi-acquaintance society” clears the socialeffect of social subject and its influence of social order. In addition, three-dimensionalanalysis framework of “semi-acquaintance society”: information symmetry、localconsensus、behavior logic,giving us a tole to analyze the disputes in the countrysideand describing the behavior logic of the peasant of A village. The author expect toback the “semi-acquaintance society” by describing the social aspects of A village.The features of “semi-acquaintance society” in A village can be found:peasants workoutside their country more and more, farming is no longer the main income source,the size of family declines, diversity is the main feature of peasants, the familiarityamong villagers is declining; the role of conventions is weakening and localconsensus is fading away; the disappearing of village authority and the change of wayof life, resulting the feel of subject is receding. The disputes in A village consist ofland disputes, personal injury disputes, marriage and family disputes and manyothers(contract disputes of sale and purchase, tax disputes and so on). The resolutionof those disputes doesn’t follow one way, it depends on knowledge, experience,social relations and many other factors. Civil mediation, administrative mediation, thesettlement of parties, the people’s conciliation and law all play some acts in theresolution of village disputes. However, none of them has the absolute leading role.Villagers have an pragmatic attitude to law. The role of law in the resolution ofdisputes is rising and it influences people’s values, behavior and the village socialorder.
Keywords/Search Tags:Law, Semi-acquaintance Society, Dispute and its Resolution, Social Order
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