Habits And The Rule Of Law:the Rural Tradition Of Dispute Resolution Policy And Legal Path Selection

The current China’s rural society is in a critical period of transformation, rural values and great changes have taken place in social structure. The past due to blood, geopolitical combined into rural society has started to collapse, the characteristics of rural disputes appeared intensification, diversity, these for rural traditional strategies used in the dispute resolution is a big impact. On the one hand, along with the advancement of socialist democracy rule of law, the legitimacy of the traditional civil dispute resolution strategy is more and more questioned; On the other hand, the national law and the actual situation of the rural society, the separation under the condition of the lack of personnel, imperfect system, traditional habits still plays an important role to solve this dispute. Its application extensive hindered the propagation path of the law and it is not considered by the farmers when disputes occur. Law become the final solution of the dispute is a requirement of the rule of law society and it is also the inevitable trend of the rural social development. Based on the east village in Qingdao’s M town as the investigation object, from traditional strategy to resolve disputes in rural areas, farmers don’t have to solve the dispute and dispute resolution law path choose three aspects carries to analysis we can find that rural operation logic and the existing problems and to resolve disputes in the traditional strategy of status and role in the solution of disputes.At the same time, we can find the existing problems and deficiencies, through the analysis of the reason of law is not accepted by farmers to provide some advice to construct the legal system of dispute resolution.This paper choose the method of case study and interviews to understand the strategy choices of villagers in rural disputes. The study found that in the current rural disputes with neighborhood disputes increase, the law won’t play a role, the binding force of the tradition down and the characteristics of the dispute has become increasingly fierce. Although with the development of the era rural type a new dispute, but the traditional dispute still occupy a large proportion. Rural society is not completely collapse, the binding of the tradition is still in here,,and the villagers’ autonomy is still independent in the choice of dispute solution,they use the traditional habits as their first choice.The law is rarely in the dispute because of the traditional habits, the law itself, and the farmers’ attitude towards the law. Dispute resolution, human ethics is as the principle of mediation, and the impartiality of the law embodies is not yet deeply rooted in the hearts of the people. When traditional destroyed, and the legal system has not yet been established, the condition of dispute resolution is easy to violent direction development, appeared the people turn criminal. So it must be through various channels to improve the farmers’ legal consciousness, the law itself also can learn the advantages of civil disputes solution, to explore the rural legal path to resolve disputes, to serve socialist modernization construction.