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我国传统文化讲“和为贵”,法治观念淡薄,人治气息浓厚。特别在农村,很多人忌讼、厌讼,甚至谈讼色变,认为打官司是一种丢人现眼的事,会让别人议论。而且,农村的犯罪分子往往与被害人沾亲带故,犯罪后调解说情的人都是些在本村或本地有影响的人物,被害人碍于情面,往往放弃报案,选择私了。多年来,私了现象常见于一些民间民事纠纷,当前农村犯罪私了现象正愈演愈烈,应引起全社会的重视。一些长期从事农村法律工作的律师认为,乡村犯罪私了现象在很大程度上阻碍了当代中国农村由传统乡土社会向现代法治社会艰难转型的历史进程。
Our country’s traditional culture stresses that “peace is precious”, the concept of the rule of law is weak, and people’s rule is strong. In rural areas in particular, many people make litigation, dislike, and even litigation. They think that litigation is a disgrace and will make others talk about it. Moreover, criminals in rural areas are often associated with the victim, and those who mediate after the crime are all influential people in the village or the locality. The victim often fails to report the case and chooses to be private. Over the years, the private phenomenon is common in some civil-private disputes. At present, the phenomenon of private crimes in rural areas is fierce and intensified, which should arouse the attention of the whole society. Some lawyers who have long been engaged in rural legal work hold that the phenomenon of private smuggling in rural areas has largely hindered the historical process of the difficult transformation of the rural areas of China from the traditional local society to the modern society ruled by law.