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十八届三中全会明确将“推进法治中国建设”确立为我国新时期法治建设的新目标,但传统型法律文化中蕴含的解纷机制在乡土社会依然占据主流,法律和程序性诉讼解纷机制往往被规避。本文拟在分析乡土社会纠纷解决机制现状的基础上,深入探析民间传统型解纷机制向现代法治社会转换过程中的束缚,并试着对其法治进程中的障碍提出解决方案,以便促进乡土社会法治化。
The Third Plenary Session of the 18th Central Committee of the Communist Party of China clearly defined “promoting China under the rule of law” as the new goal of building the rule of law in the new period in our country. However, the dispute resolution mechanism contained in the traditional legal culture still prevails in the rural areas, and legal and procedural lawsuits Dispute resolution mechanism is often circumvented. Based on the analysis of the status quo of the dispute resolution mechanism of the local community, this article attempts to probe into the shackles of the transition from the traditional folk dispute resolution system to the modern society under the rule of law and try to find solutions to the obstacles in the process of the rule of law so as to promote the development of the local society Legalization.