摘要
乡土纠纷研究的既有进路对纠纷事实的阐释有力所不及之处,视纠纷本体为社会事实的"村庄的纠纷研究"成为可取的探究路径。从常人方法学的认识论出发,村庄社会关系的差序均衡构成了村庄内生秩序的微观机制,村庄客居主体社会关系失衡后,村庄边缘人对其进行具有反制意涵的公然侵犯的原因,在于客居主体的依附性生存结构、乡土社会变迁中民间权威的消失与乡村治理转型背景下村庄体制权威的式微,由此引发的主体安全感危机系侵犯性纠纷所产生出的社会心理事实。在正义供给体系无法有效回应乡土社会秩序需求的前提下,纠纷主体借助国家法律机关的出场来维护自身生活利益的实质是对"社会一法律"系统张力的能动整合。
The existing approach to the study of rural disputes is sometimes unable to explain the disputed facts. Under such circumstances, ＂ village disputes research＂, which treats disputes as social facts, becomes a desirable approach. From the ethnomethodological point of view, a balanced differential of social relations in a village constitutes a microscopic mechanism for the maintenance of endogenous order in the village. A non-native subject in a village with unbalanced social relationship is often subjected to overt attacks by marginalized members of the village. Such attacks are caused by such factors as the dependent survival structure of the non-native subject, the disappearance of civil authority in the process of evolution of rural society, and the decline of village institutional authority against the background of the transition of rural governance. The resulting sense of insecurity of the subjects is in fact a social psychological fact triggered by invasive disputes. When the justice supply system fails to effectively meet the need for rural social order, subjects of disputes tend to rely on legal organs of the state to uphold their own interests in everyday life, which in essence constitutes a dynamic integration of the tensions of the ＂socio-legal＂ system.
出处
《环球法律评论》
CSSCI
北大核心
2014年第2期85-104,共20页
Global Law Review
