Identity And Dispute Resolution

Every society, every echelon of law must focus on the resolution of disputes, conflicts of interest and other disputes, putting the social order back to normal. Disputes exist in every society and are universal. Based on this idea, we can study the law from the perspective of disputes resolution.Any dispute resolution in society is subject to the underlying social culture, in it, the social identity system is an important aspect. In a variety of complex social relationships, identity determines the rights and obligations between the parties in the disputes. This kind of relationship affects balance of power between the parties, resource selection, way of solution, which is an important factor affecting dispute resolution.Traditional Chinese society is of "pattern of difference", and for the grass-roots, the most fundamental part of community-based structure "family", and the most basic identity is the "family identity." The establishment of local community dispute resolution is based on the recognition of home, use of family ethics, local norms and other traditional knowledge. With conciliation, mediation and other ways, disputes are resolved, avoiding family disputes, disputes between different families from magnification.China is in transition from a traditional society to modern society, family identity is in dramatic changes. Without state forces, the transformation of the family identity system which was based on state forces led to the decline of the traditional dispute resolution, unable to properly resolve all the grass-roots community disputes. However, the family identity transformation does not mean the disappearance of and the disruption family identity in China Rural society, to various degrees, also is affected by the traditional family identity, meanwhile, legal identity which formal state resolution relies still is not finally formed, way of identity set by law is not aligned with the reality of rural society. So, single way of formal state dispute resolution is not enough to meet the needs of complex dispute resolution, there are vacuum areas of identity which dispute resolution relies.The rural society, which is in transition, is with complexity and uncertainty of typical characteristics, the same situation also applies to the identity system. China's current identity system is one that includes family identity in transformation, and of legal identity in formation. Any kind of a single way of dispute resolution cannot cope with such complex and uncertain identity. Therefore, our dispute resolution system should align our current system with multiple dispute resolution mechanism, to make up the social vacuum caused by identity system transition, to choose different ways of dispute resolution in different social situations, involving personal, family the state all for the solution to the dispute, along with ethical, normative rules etc. local resources and state laws, courts trials and mediation, grassroots state organs arbitration, making formal state dispute resolution as a "last line of defense" of multiple dispute resolution system. At the same time, building convenient legal services networks and promoting civic identity education, to better promote the realization of good social order.Thus, we can conclude that the process of China's rule of law must take root in China's social and cultural environment, through the hardships of the long-term efforts, we may transplant Western law deep into the soil in Chinese society, and build our own order rule of law for Chinese.