| There is a growing emphasis that people defend their rights and obligations with law in modern urban life, and the legalsense is constantly enhanced, which make people to pursue the goal of building a rule of law society. However, in rural life, traditional customs and way of life are seen as appropriate tools of maintaining interpersonal relation. People tend to circumvent the law, turn for traditional practices or attempt to compound a felony. So employing lawsuits to resolve dispute is now becoming cold in the Rural Society of China and has been instead by compounding a felony. Why compounding is so serious and why maturing legal control over rural disputes are gradually weakened in the Rural Society of China, whereas compounding has gradually increased? Compounding is a civil dispute settlement mechanism and a private relief. It is not through officials, relatives; friends and the village cadres’regulate and mediate to achieve an agreement. Compounding has its reasons, mainly showing the spirit of running the country with morality. The author will focus on the analysis of its causes in this article.Firstly, the author analyzes the reasons why compounding in private exists. Social, historical and cultural traditions, economic basis, geography, legal consciousness and defects in laws altogether promote the prevalence of private compounding. The thought that harmony is what matters, legation is made light of and bored of has great influence on folk society. Due to the thought that govern society with courtesy, the peasants have no legations. Dim legal consciousness determines the employment of compounding in private. The defects in the system of lawsuit and judicatory reality simultaneously have deep influence on peasants’ selection.Secondly, the paper talks about the negative sides of private compounding in the construction of a country under the rule of the law. From the angle of it, the solution of social disputes relies on its country, who will solve the social disputes and repair the ruined social relation, besides, on the base of it, promote the social justice. However, form the angle of practice, a state’s power and laws can not extend each corner of the society, which is impossible an unnecessary.The society’s vitality and momentum need a certain space and autonomous scope, and as far as the human’s evolution and history concern, human’s rationality and cognitive ability are limited, we can not do everything carefully and detailed without control and regulation. Especially the laws become the product of rationality and creation; generally it lags behind the social and legal practices. Therefore, in this sense, as an accepted resolving way of disputes, private compounding is embodied with the market and environment. I assumed that as for private compounding, we should look at it from two sides. We should not deny its positive sides for the negative ones. Just because its disadvantages, we should make it into the legal track. Therefore, we try to consist a multi-system to solve the disputes, and have a complementary advantages.Finally, I discussed social significance of compounding and believe that it has great social significance. The reasons are as follows:Firstly, it can release the pressure of lawsuit. The employment of private compounding is handy to solve disputes and not so sharp, which has profound Mass foundation and is a traditional reasonable way to efficiently relieve the administrative and judicial pressure. Secondly, private compounding is helpful to keep socially stable; thirdly, compounding in privacy can promote the sustainable development of laws. Private compounding aims to offer complementation with lawsuits and maybe bring vitality to judicature, and not take the place of lawsuits and judicature. Fourthly, compounding in private is remunerative to actively solve social contradictions. Fifthly, it demonstrates the development of China’s law way. Carrying out the road of being governed by law should be practical and reasonable, no matter implanting by western laws or localizing. |
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