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本研究立足于对华北L村纠纷调解的考察,将政治社会学的方法应用于法学研究,将村庄的纠纷调解看做是村庄秩序的打乱与重新恢复的过程,并分析该过程中国家法与民间法的互动。文章通过分析表明由村庄的内生性权威所进行的纠纷调解,在调解进程的不同阶段对于国家法的应用存在差异,进而在不同阶段存在不同意涵的民间法与国家法互动的问题。而此种纠纷调解方式的有效性建立在调解人对于国家法与民间法的灵活应用上。该经验表明村庄的纠纷调解表面上或呈现对国家法规避的特征,但是事实上诸多国家法已经深深嵌入村庄。
This study is based on the investigation of mediation in L village in North China, applying the method of political sociology to jurisprudence research, considering the mediation of disputes in the village as the process of disrupting and restoring village order, and analyzing the process of national law Interaction with civil law. Through analyzing the mediation of disputes by village endogenous authority, the article analyzes the differences in the application of state law in different stages of the mediation process, and then there are different stages of the interaction between civil law and national law. The validity of such dispute mediation method is based on the mediator’s flexible application of state law and civil law. This experience shows that the dispute settlement in villages appears to be characteristic of avoiding the laws of the state, but in fact many national laws are deeply embedded in the villages.