On The Mediation And The Trial In Folk Society

The thesis focuses on the means of disputes settlement in folk society and dynamically inspects the mediation and the trial in the folk society from the point of the view of the"field-habitus"theory, choosing mediation, which is intrinsic to folk society and the representative means of disputes settlement in traditional society, and trial, which is the product of formal institution in the law system society as the objects of study.As for China's folk society, mediation is quite far more welcomed than trial, in that people universally view mediation as more important than trial. The article explains the causes of this phenomenon in folk society by concretely analyzing the habituation of field, the inner regularity of field, the ontological correspondence of field and habitus, tactics under the field, historicity of habitus and subfield and so on.The thesis also notices that great changes have been taking place in the given folk society for both mediation and judiciary judgment, and the operator schema is not the normal one as we always think. Based on the"field-habitus"theory, the thesis explains the reasons why the mediation changes from the angle of the dynamics and openness of the habit and the possible process in which mediation have changed by analyzing power movement in the"power field"in folk society, and the transmutation of the trial in folk society by the research of the multiplexed roles that judges play in the folk society.Based on the analysis above, disputes resolution in folk society is achieved with the attendance of polynary authorities and the category of ways including trial and mediation. The application of all means of disputes settlement is due to the free choice of the rural and the game among all the powers in the field. Stressing the trial or mediation in folk society only is biased. The reform of disputes resolution in folk society should last for a long time, and should be well completed through rational choice of several generations or dozens of generations of the rural. It is not practical and rational to excessively emphasize the function of national justice or to compulsively carry out the popularization of trial in folk society.