传统中国乡村社会的纠纷解决模式及其启示

中国传统司法中调解手段虽受到推崇,但与古代诉讼形态中"健讼"的一面相矛盾。对传统乡村社会的纠纷解决模式的探析,从官方制度上看纵向的"回缩",并将司法案件与权威向上转移;而横向上因为集约化司法体制,以及导致纠纷繁多的外部因素,使得官方乐于刻画健讼形象与推崇调解手段。乡村纠纷解决的途径虽然呈现多元化特点,但横向上民间团体与地方权威受到官方势力的影响,调解的实际效用并不牢靠。总言之,官方矛盾的治理策略,造成乡村社会调解手段的"虚弱"局面。

The Dispute Settlement Model in Traditional Chinese Rural Society and Its Implications

Although the mediation method in Chinese traditional judicature is highly respected, it contradicts the litigation in ancient litigation forms. The paper analyzes the dispute settlement mode of traditional rural society, explores the vertical retraction from the official system, and transfers the judicial cases and authority upward. Horizontally, because of the intensive judicial system and the external factors leading to many disputes, the officials were willing to depict the image of litigation and advocate mediation. Although there were diversified ways to solve rural disputes from the folk, the horizontal civil groups and local authorities were influenced by official forces, so the actual effectiveness of mediation was not reliable. The government’s contradictory governance strategy resulted in the "weak" situation of mediation means in rural society.