The Dilemma Of Law In Rural Dispute Resolution

This article starts from the typical disputes in specific natural villages.Through the analysis of cases and the information obtained from field investigations,we understand the local rule of law environment and the logic of social actions,and interpret the law in the settlement of rural disputes.Analyze the phenomenon of deviation from the transformation of legal consciousness into legal behavior,and the phenomenon of legal inadequacy in specific types of disputes,and then propose feasible methods to resolve the dilemma.First,the author analyzes the social structure and cultural background of the natural village.Under the circumstance of legal mobilization by the state and the active acquisition of legal knowledge by rural individuals,the national legal rules and the value system carried by them have already entered the village,but in the rural local knowledge system Under the specific context,the understanding of legal knowledge and legal consciousness is affected,and whether legal consciousness can be transformed into legal behavior is still questionable.Therefore,in the process of fieldwork,the author,based on the current dispute patterns and resolution methods within the natural village,sorted out that the legal knowledge understood by the villagers showed a fragmented form,and did not completely form a legal consciousness compatible with the modern rule of law.Inability to correctly understand the dispute and the meaning behind the law.Furthermore,in the process of transforming legal consciousness into legal behavior,that is,whether to use and how to use the law,there are problems.Rural individuals are mostly the calculation of economic benefits.Under the calculation of costs and benefits,the benefits brought by the law are far less than the costs,so the law is not the best choice for dispute resolution.At the same time,under the background of rural society that does not have a sense of obligation,rural individuals have not established legal authority.Instead,law has been misunderstood as a tool of the government and cannot fully play a role in disputes.Second,the law is used by the parties in dispute as a tool for dispute resolution,and the law is used as a tool for their personal gain.Rural subjects cannot make effective legal actions under these conditions,and legal practice is therefore hindered.In specific types of disputes,legal actions cannot be realized,which leads to the dilemma of inadequate law.That is to say,the author’s personal disputes,the relationship between the two subjects of the dispute belongs to the personal relationship.Under the circumstances that personal identification and legal rationality cannot be used to the best,the parties are approaching the possibility of legal claims when disputes occur.Without it,it is difficult for the law to enter disputes,and thus cannot realize the protection of the rights of the parties.It may also hinder the parties from seeking legal protection and the phenomenon of legal evasion.Therefore,the author believes that in order to resolve the difficulties that arise in the operation of the law and specific disputes,it is necessary to build trust in the law,to resolve the wrong tendency to understand the law,and to build legal authority.Encourage rural subjects to recognize the limitations of the law and recognize that the law cannot deal with all disputes in the rural areas.Therefore,it is necessary to build a diversified dispute resolution method in the rural areas,realize the coordination between the local endogenous rules and modern legal rules,and promote the settlement of rural disputes.To resolve the problem,and finally realize the rule of law in rural construction.