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通过对一起村庄纠纷的长时间调查,村民在选择纠纷解决时主要采取诉讼方式,而不是传统的手段。恰恰是,诉讼作为当事人的优先选择并非基于信守法律,而是村庄内部权威式微的结果。当事人的纠纷解决都是在单个人的权力技术与诉讼之间同时进行的,但诉讼救济才是决定他们纠纷解决的关键。村民对选择法律救济更多趋向于一种功利的实用思维。这种思维反过来以成败决定对法律的信任。从而,乡村法治实现主要障碍在于法律信任。只有建构村民的法律信任,才是实现乡村法治的核心。
Through a long period of investigation of village disputes, villagers mainly resort to litigation rather than traditional means in their choice of dispute resolution. Precisely, the priority of litigation as a party is not based on obeying the law, but as a result of the authoritative decree within the village. Dispute resolution of the parties is carried out simultaneously between the individual’s power technology and the litigation, but litigation remedy is the key to decide their dispute resolution. Villagers tend to choose a kind of utilitarian and practical thinking on the choice of legal remedies. This kind of thinking, in turn, determines success or failure in the trust of the law. Thus, the main obstacle to the realization of the rule of law in rural areas lies in legal trust. Only building the villagers’ legal trust is the core of realizing the rule of law in the countryside.