我国诉讼文化的乡村视域

法治实践离不开诉讼文化的范导和支持 ,我国乡村法治的前提之一在于乡村诉讼文化品位的重塑与提升。无讼和非讼观念仍然困阻着乡村法治的进程 ,民间“习惯法”大有吞并置换国家“制定法”之势 ,诉讼救济或曰法律救济尚未成为乡土中国利益实现的主渠。依法治国这一伟大方略的实现有赖于找准“现代”与“本土”的接点 ,进而着力于乡村诉讼文化的批判性传承和创新。

The Rural Field of Vision for Chinese Lawsuit Culture

The practice of rule by law can't succeed without the guide and support of lawsuit culture,one of premises to rule countryside by law is the promotion and remodel of our rural lawsuit culture.By the observation and self-examination,the article considers that the no-suit idea is still hindering the development of countryside law,the civil custom-law is going to annex or replace the made-law,the lawsuit hasn't become the major channel of right remedy,the great strategy of ruling the country by law should find the joint of modern and local lawsuit culture,criticize,inherit and renew our rural lawsuit culture.