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Dispute Settlement and Legal Governance in Transition of Rural Society |
Li Bingshuo |
School of Law, Jiangsu University, Zhenjiang 212013, China |
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Abstract In the middle of the wave of urbanization in rural China, the dispute settlement features a very obvious diversity and level. Due to the weakening of the grassroots administrative power, the decline of the traditional social order mechanism, the settlement of social disputes tends to rely more on the judicial power, and be realistic in a sense. At the same time, the actual social governance also encourages farmers in special circumstances to resort to actions like petition rather than judicial means to solve social conflict. When the dispute needs to face the living structure of the social relationship, the parties tend to base their choice on the increase or decrease of social capital in consideration of the social effects when the rights are realized.
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