In Search of Social Life with “No Litigation”: A Case Study of People's Mediation in Southeastern Chongqing

作     者：田阡 Lisa Lai Tian Qian;Lisa Lai

作者机构：Department of Anthropology and Ethnology Southwest University 

出 版 物：《Social Sciences in China》 (中国社会科学（英文版）)

年 卷 期：2016年第37卷第2期

页      面：142-162页

学科分类：0301[法学-法学] 03[法学] 030106[法学-诉讼法学] 

基　　金：an annual project supported by the National Social Science Fund,entitled"Research into the Livelihood Patterns and Identification of Minority Migrant Workers in Western China"(project number:11BMZ048) supported by the National Social Science Fund Youth Project"Collaborative Paths for the Evolution of Social Networks and Start-up Rural Businesses in a Time of Transition"(project number:14CGL029) 

主　　题：earthbound society people's mediation mediation courtyard no litigation 

摘      要：There are differences in form between the people＇s mediation system and traditional folk mediation. However, in terms of its scope and basis, people＇s mediation has actually evolved from the traditional Chinese folk mediation system. In a changing world, grassroots farmers place demands on this form of mediation that provide it with a space for existence. At the same time, the system needs to make institutional adjustments in response to local *** the basis offieldwork in Southeastern Chongqing, this study analyzes the demand factors among farmers at the grassroots level from the point of view of social relations, economic capital and legal resources, Furthermore, taking the practice of the people＇s mediation system in Southeastern Chongqing--the ＂mediation courtyard＂--as an example, we analyze the application of local knowledge to people＇s mediation practice at the grassroots. Our study found that under the influence of emotional factors and livelihood rationality, the villagers demand that social relations be maintained. Since the people＇s mediation system aecommodates this demand, it has ample room for existence in the villages. On the other hand, people＇s mediation is a passive choice to which villagers are driven because of their lack of economic capital and legal resources. In response to the settlement features of mountainous areas and village social relations and systems of meaning, the people＇s mediation body took institutional measures to localize mediation （the mediation courtyard）, integrating the people＇s mediation system into the logic of village life; but it failed to respond to the problems caused by farmers＇ disadvantage in relation to economic capital and legal resources. On the basis of our research, we end with some reflections on a developmental path for national systems for the management of village society.