Research On Litigation Settlement Of Grassland Of Disputes From The Perspective Of Sociology Of Law

Grassland disputes have been a concern of all walks of life.As a minority area,Inner Mongolia has a variety of grassland disputes and ethnic nature,which aggravates the complexity of the settlement of grassland disputes.The grass-roots dispute litigation settlement mechanism can not meet the litigant’s demands,which leads to the imbalance between the litigation settlement mechanism and the demands of the parties.In this context,the paper studies the influence of the survival of actors on the current grassland dispute resolution mechanism.Through analyzing the action strategy and discourse strategy of the parties and judicial organs,and combining with the field investigation,the author concludes that although the actor strategy can alleviate the imbalance between the settlement mechanism of grass-roots dispute litigation and the demands of the parties to a certain extent,it belongs to the "formalized" coping model,which can not fundamentally solve the imbalance between the settlement mechanism of grass-roots dispute litigation and the demands of the parties.As a way to balance the litigation mechanism of grassland dispute and the appeal of the parties,the value orientation of the actor strategy is to balance the imbalance between the settlement mechanism of grass-roots dispute litigation and the appeal of the parties.In practice,there are some difficulties in the settlement mechanism of grassland dispute litigation,which are manifested in the unitary normative documents at the system level,the suspicion of interfering in judicial independence in judicial practice,the marginalization of judicial specialty,the cultural "water and land dissatisfaction" situation,the conflict between the theoretical legal pluralism and the unitary norm.Under the background of imbalance between the current grass-roots dispute litigation mechanism and the demands of the parties,this paper attempts to improve the effective path of the settlement mechanism of grass-roots disputes,establish the active judicial mode from "formalization" to "substantive",adopt prevention mechanism and filtering mechanism to reduce the occurrence of grass-roots disputes,and construct a diversified litigation dispute resolution mechanism under the judicial activism mode.Thus,we should strengthen the protection of the rights and interests of herdsmen and promote the construction of harmonious pastoral areas.