Dispute Resolution And Awareness Of Rights In Spring Festival Gala Sketches

The Spring Festival Gala Sketches are the sketches performed at the Chinese Central Television’s Spring Festival Gala.The program’s history,which dates back over forty years,is sufficient to preserve the Spring Festival sketch as a festive tradition for the Chinese.For this reason,the Spring Festival sketches allow for the interplay of national and personal discourse through narrative,and the sketches themselves,in their fragmentary form of expression,provide a space for interpretation and continued imagination of Chinese society.The law in literature is essential to studying Law and Literature.The Spring Festival sketches have received little attention from legal studies compared to the films and novels that are so popular in law and literature.In contrast,the field of social sciences,mainly political science and media studies,has focused its research on the political arena and the expression of political discourse in the Spring Festival sketches.The research has intensified in recent years with the release of some works that focus on reality.Disputes have been a part of the history of human development.Where disputes exist,they must be resolved accordingly.Awareness of rights encompasses the willingness to have recourse to the discourse of rights in dispute resolution,which also reflects the awareness of the rights of the subject of the dispute.Moreover,as an essential aspect of jurisprudential research,the theme of dispute resolution and rights is where the Spring Festival sketches find their further normative significance as research texts.Law and literature seek to examine some of the possible theoretical implications of law in general and Chinese law dispassionately in particular,both in the specific contexts in which literary texts are constructed and in the historical contexts in which they are constructed.Although the Spring Festival sketches are works of art with exaggerated elements,they are not fictional.Many episodes are directly derived from reality,focusing on current,realistic,and general issues.Specifically,the sketches "Huan Bu Huan" "Mian Zi" and "Li Xia Yu Ren" take the everyday debt disputes between the parties involved as their starting point and inevitably include in the narrative the moral abduction,interpersonal considerations,and face pulling between the two parties in the dispute resolution process.Although the discourse of rights,which symbolizes the law and the state’s coercive power,is usually not used when interpersonal relations are good,the alternative status of the discourse of rights changes as the dispute progresses.In the sketch "Huan Bu Huan" the moral discourse of moral kidnapping and moral condemnation is presented,as is the actual operation of the alternative and antecedent rights discourse in dispute resolution;in the sketch "Mian Zi" the derogation of rights by the rights mentality of "saving face" under the theory of rights reserve is presented;in the sketch "Li Xia Yu Ren" the failure of the theory of rights reserve and the validity of the antecedent rights discourse in dispute resolution are presented.In this regard,both the presupposition of rights and the alternative are concrete manifestations of the subject’s will to have rights.They are not incompatible with the alternative theory of rights and even leave room for exercising rights in the first place.Unlike alternative and antecedent rights theories,rights in context are concerned with the transition between the two,usually from alternative to antecedent rights discourse and then back again.At this point,although the dispute is no longer about rights,the fact that the rights discourse has already been present and continues to exist as a background to the dispute resolution allows the rights discourse to reappear.Thus,in the dialogue between the two parties to the dispute regarding the moral discourse and the rights discourse,the moral kidnapping,moral condemnation,and human face,representing the moral discourse system,play against the back-up and front-up discourses of rights,representing the rights discourse system,thus forming a "back-up-front-up-background" generation of the subject’s rights awareness in the dispute resolution process.