我国社会历史悠久,文化传统浓厚,国家法与民间法并存。复杂的社会关系网络弱化了法律制度。法治精神排斥人情,但不反对民情。民主重在参与,权威来自内心。乡土中国并不是不需要法律,而是需要真正适时对路的法律产品。从社会文化的角度透视我国ADR,可以从理念和制度层面强化社会解纷能力,营造现实与传统、都市与乡土相融洽的法治环境。 Our society has a long history, a strong cultural tradition, and the coexistence of state law and civil law. Complex social relations networks weaken the legal system. The spirit of the rule of law repels human feelings but does not oppose the feelings of the people. Democracy emphasizes participation and authority comes from the heart. Native China does not mean that it does not need law, but it is a legal product that needs to be really timely. From the social and cultural perspective of ADR in our country, we can strengthen the capacity of social dispute resolution from the ideological and institutional levels, and create a legal environment conducive to reality and tradition as well as urban and rural areas.