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中国社会目前正处于一个城市与乡村二元并存的结构中。在纠纷解决领域,城市与农村仍然存在着差异。关于纠纷解决所依赖的权威,城市社会主要依靠代表国家的权威;而在乡村绝大多数纠纷是在民间权威的主持下解决的。关于纠纷解决所依循的规范,城市社会遵循的是法律,而在农村是民间规则,这是由于乡村有一定程度的自治性与其规则的自在性。关于纠纷解决模式,城市社会体现出的对抗性特征,农村社会之所以会出现非对抗性特征,在于其社会具有更浓厚的群体性特征。
Chinese society is currently in a dual structure of urban and rural areas. In dispute resolution, there are still differences between urban and rural areas. As for the authority on which dispute resolution depends, urban society mainly relies on the authority of the state, while the vast majority of disputes in the village are solved under the auspices of the civil authority. Regarding the norms that dispute resolution follows, urban society follows the law, while in rural areas it is a folk rule due to the degree of autonomy of the village and the freedom of its rules. With regard to the mode of dispute resolution and the confrontational characteristics embodied in urban society, the reason why rural society is characterized by non-confrontational features lies in the fact that its society has a stronger mass character.