乡土社会中公力救济异化的理性分析——以民间法中的“私了”为叙事视角

乡土社会中法律的地方特色已为众多学者所提及，以乡土社会中大量存在的“私了”现象为解读文本具有实践价值。以国家——社会作为叙事平台，需要对“私了”的概念从实质上进行重新厘定；从哲学上的优先逻辑理论，国家法与民间法的对冲及传统文化中的“厌颂”观念进行理性考量，可以显见“私了”在乡土社会根深蒂固的社会条件和心理文化基础。对“私了”现象进行国家法改良的可行性路径包括：形而上的观念的转变；形而下的司法制度改革。

The Rational Analysis about Aberrance Litigation in Grass-root Community

The special features of the law in grass - root community were discussed by many professors. It＇ s important to consider the ＂private＂ phenomenon for the national crime litigation. From the normal settlement of criminal case, these problems were taken into account in the nation- the terrace of society; the concept of ＂private＂ was collated and stipulated in essence. Then the ＂private＂ procedure was carried on rensonable consideration with the initiative logic theories from philosophy, the blunting of national law and civil law, the litigation idea in the traditional culture, and the conclusion was objective. The social condition and mental cultural in the hometown social were the foundation of the private procedure, in addition, the private procedure played the special role in the dispute of criminal case. The feasible means of improving the private dispute settlement system is transfer people＇ s notion and judiciary reform.