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农村民间纠纷调解中的公平建构与公平逻辑

作者 1：王汉生，北京大学社会学系； 作者 2：王迪，北京大学新闻与传播学院。   

  1. 作者 1：王汉生，北京大学社会学系； 作者 2：王迪，北京大学新闻与传播学院.
  • 出版日期:2012-03-20 发布日期:2012-03-20
  • 通讯作者: 王汉生，北京大学社会学系. E-mail:Wanghs@pku.edu.cn
  • 作者简介:作者 1：王汉生，北京大学社会学系；作者 2：王迪，北京大学新闻与传播学院。

The Construction and Logic of Justice in the Mediation of Rural Disputes

Author 1: Wang Hansheng, Department of Sociology, Peking University； Author 2: Wang Di, School of Journalism and Communication, Peking University.   

  1. Author 1: Wang Hansheng, Department of Sociology, Peking University； Author 2: Wang Di, School of Journalism and Communication, Peking University.
  • Online:2012-03-20 Published:2012-03-20
  • Contact: Wang Hansheng, Department of Sociology, Peking University. E-mail:Wanghs@pku.edu.cn
  • About author:Author 1: Wang Hansheng, Department of Sociology, Peking University；Author 2: Wang Di, School of Journalism and Communication, Peking University.

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摘要：

本文以当代农村的调解实践为切入点，探讨在不同的纠纷类型和不同的情境中，纠纷的公平解决是如何达成的，以及背后遵循着怎样的公平原则。本文发现：维持人际关系延续的调解目标，调解人的角色定位、道德背景及其权威性，调解过程中包括上门调解等多种调解技巧和策略的运用，以及符合农村社会人们所普遍认可的公平提案等，是影响纠纷调解协议即公平达成的重要因素；而社会关系维系、公平的关系性以及综合性等，是中国农民公平观的重要特征。

关键词: 纠纷 ,   调解 ,   人民调解 ,   公平原则

Abstract:

 In rural China, mediation plays an essential role in resolving disputes among villagers. Based on the materials from our fieldwork, this paper looks into the practice of mediation in current rural villages, discusses how agreement and justice are realized in different types of disputes and in different situations, and tries to discover the principle of justice underlying these practices. The authors have found that, rural China is a society of acquaintances. In such a society, keeping the continuity of interpersonal relationships to achieve harmony is the legitimate basis for mediation. The mediator’s role status, moral background, and authority are the sources of legality for the mediator, and also serve as the presupposition of justice realization. During the process of mediation, mediators may use various techniques and strategies. An important one is called “Shang Men TiaoJie”(mediation on the spot), which could guarantee a mandatory intervention to a dispute, put the involved parties back into their original social relation, and also, create an informal atmosphere by transforming the situation and reconstructing the relationship, thus achieving a good chance to resolve the dispute. Another important mediation strategy is “Yi ShuoZhi He”( agreement via talking). As for the “talking,” the integration of “emotion, reason and law” is the key and the principle of “Ruan Ying Jian Shi”(both the carrot and the stick) should be employed. In additionto the community common sense and regulations, laws, regulations, and policies are being used more frequently as means to resolve disputes, and under certain circumstances when commonsense reasoning fails, they become the indispensable power of authoritarian control. “QuanHengLiHai”(weighing pros and cons) is a skill of “talking.” By explaining all possible consequences to the persons involved, the mediator may persuade all parties in the dispute to make compromises to reach an agreement. These analyses lead to the conclusion that, in addition to employing various mediating strategies and techniques, mediators must conform to the principle of justice in people’s mind. That is, reaching a mediation agreement is a process of achieving justice, which must be based on two principles: conforming to the “Chinese concept of justice” and conforming to the “conventional procedure accustomed by the Chinese.” In rural China, the concept of justice has the following characteristics: First, compared with the obtainment of individual rights through legal proceedings, maintaining social relationships is a higher order of justice; second, the principle of justice in Chinese rural communities is “situational,”which means that the justice principle and action logic vary according to the hierarchical order of the social statuses as well as the closeremote positions in the social connections; and finally, the Chinese principle of justice is highly integrative, namely, an agreement is often the outcome of coordinating various reasons on diverse dimensions.

Key words: dispute, mediation ,   people’s mediation ,   principle of justice