Transition Period Village Disputes And Their Solutions

China is a society has the 2/3 population living in the countryside. Large civil legal conscious of countryside; and support nationally legal system modernizes are key factors. Have no the legal system of the countryside modernization, without Chinese and whole society legal system modernization. Traditional China is a moral governess. What moral governess stress is a personal moral culture, everyone to obey the rules on the tradition, once occurrence dispute, moral educate people examine oneself, obey the moral 's request, this is the " to have no sue", this kind of valid mechanism that " that surround the society to have no sue" pursue efficiently supported the society's stability quiet and peaceful.Choice that country people is for the solution dispute the power is rational, and that kind of power enable the oneself to acquire biggest benefits, choose that kind of power the solution dispute. Village people at choice dispute power that solve hour generally follow below principle. The first is a principle of convenient for dispute solution. The second is a dispute and solution the power is mutually right in response to the principle. The third is a dispute to solve the process of can principle. The fourth is a dispute to solve the process inside the authority the " that choose the bad preface structure and form" principle.National and judicial power is in the solution country the dispute inside have got other folks power can't function that act for, from but become the dispute solution even whole society pursue the justice with the equity's last ditch. Biggest value of the national and judicial power consists in this. But because the all kinds reason, national power however not do the person's thought in this function in the house. Main performance is: the solution that power vacuum give the country dispute brings the inconvenience; National method is with the dispute that folks method of conflicting make the country to solve to compare the difficulty; Can hardly control because of the country people should litigation resources that have, be placed in the minority position in the litigation; Is the not appropriate conduct and actions that nation enforce the law organization to result in the village people in the minority of center litigation position.Dispute that period country of transformation increasingly increases, lack of national law present condition is in all disputes of society countries. Folks method of solutions in the solution country dispute this house have got the national method the solution process for function for can't act force. Belong to the most basic, the most social relation, must want to be make use offered by national method the compulsive the norm to with certain with adjust, if the penal code adjust social relation belong to the this kind. Belong to have the strong local knowledge with the social relation of the folks color, can depend on the folks method to be handled, especially be this social relation hasn't make an appeal toed in the national organization, and did not bring into judicatory ofadjust mechanism hour. Belong to the national method and folk's method can be society relation that involve.The nation is in the process of look for the legal system modernization to discard first the national method must dominate the world's ideal, its put at the position of the one of the paths that can be provided as village people to be chosen. Folks method to is beneficial to break the national method for every kind of social clash to break to rule of law resources, strengthen degree of opening of national method, from but realize multicultural equilibrium appearance of that kind of " that anthropology say when ascending of culture" . It have the function to guide now to is in the process of promoting with function, national method that guarantee finally at the same time, and want to overcome the nasty function the thought of the near benefit, and want to allow the people to do out the choice in the comparison, this is an is very long history stage.How to absorb the positive factor from the fo...