当代中国乡村在社会变迁的洗礼下,乡村秩序的基础开始动摇,不断出现纠纷诉诸法律的情况,而传统的纠纷解决方式并没有彻底消失,由此形成了转型乡土社会的纠纷形态与解决机制。本以为可以占据主导地位的法律诉讼却遭遇了被“冷落”的尴尬,为此,需要在法律内外实现策略的调整,一方面包容非诉讼纠纷解决方式的存在,另一方面进行乡村司法策略的尝试。为了实现乡土社会的法治建设,国家必须以新的姿态面向当代乡村。 Under the baptism of social changes in contemporary Chinese villages, the foundation of the rural order began to waver and disputes continued to be brought to the law. However, the traditional ways of dispute settlement did not disappear completely, which resulted in the formation of a dispute and the resolution mechanism of the transitional native society . The lawsuits that can be considered dominant can be embarrassed by being “neglected.” Therefore, it is necessary to implement tactic adjustments both inside and outside the law, on the one hand, to accommodate the existence of non-litigation dispute resolution methods, and on the other hand, Strategy to try. In order to realize the construction of the rule of law in native society, the state must face the contemporary village with a new attitude.