Xianghui Yang Shun pancake

Abstract: China is still in the period of social transformation, with inevitable disputes and diversified systems. Therefore, handling disputes

The ways are also diversified. While acknowledging that the rule of law is a social diversion, it should also be given conditional legal evasion.

A position that legal evasion is a kind of institutional innovation.

[Keywords: 1 legal evasion; Diversification; Institutional innovation; rule of law

First of all, court settlement of disputes is not the only way to govern society.

Social cattle live as colorful as kaleidoscope, social cattle live.

Bian people are fortunate to have a rich social life, but it is also difficult to get out of it.

Now) JL; An unpleasant kind, often rl is appropriate: "only teeth and tongue) JL; Great,

However, rabbits often stumble. So it is often accompanied by various disputes.

Follow people everywhere. After the cow dispute, people must

Try every means to find a solution. It is true that the reality of life,},, solve disputes.

There are various ways, such as court trial, mediation by grassroots judicial personnel,

People mediate and individuals solve. In real life, people are one.

There was a dispute in Japan, and they tried to solve it for their own benefit.

Time is often not the first choice for the sacred weapon of law, but it is often.

Settle it by private agreement This solution to the problem is feasible in theory.

Some scholars call it "legal evasion", while others call it personal reconciliation.

However, there are many people who are biased against Liu Yi's selfishness, and they completely ignore it.

In order to live in reality, the role played by Sichuan blindly blames private people and recognizes them.

In order to "decide", don't give up the modern transformers who treat ghosts for men, decide.

Simply equivalent to the rule of man, it is believed that the existence of individual settlement will inevitably lead to social cooperation.

This will be beneficial to the inefficiency and side effects of the rule of law practice.

Sex will also affect the improvement of social awareness of the rule of law and legal awareness, and the result is

It will weaken the authority of the rule of law and hinder the pace of China's modernization.

In their view, "settling" violates national laws, and the result is nothing more than laissez-faire

Constant illegal and criminal acts make criminals who should be investigated evade legal sanctions.

Law of sanctions, which seriously damaged the rights and interests of citizens and legal dignity, also

Help people spread some bad atmosphere in society. Not only that, but also

According to the elite's point of view, individual settlement is "seriously harmful" and unfavorable.

In the formation of modern legal system. Therefore, they opposed Liu Yi's personal reconciliation and thought that the law

Almighty, Bian Zhangfa can solve all disputes.

In fact, the law can't be all-encompassing, nor can it stipulate everything.

Although we believe in and respect the law, we must also recognize it.

In addition, the limitations of changing social life lead to social disputes.

There are all kinds. In view of this, we should also admit to solving and correcting them.

Divergent ways are diversified, allowing multiple ways to coexist, and dare to be straightforward.

On the one hand, hold high the banner of the rule of law, carry forward the spirit of the rule of law, and strengthen the division.

The judicial function of law, the other party should admit that the court can't solve the dispute.

The only way to govern society is to recognize the role of mediation and law.

The value of legal evasion. For example, teacher Su Li wrote in his book "Law Avoidance and Law"

Pluralism, I, highly value legal evasion in dealing with specific disputes.

} I} role, that "as a private escape from the law, I, the country's rural areas have.

The function of resolving disputes and maintaining social order, I only implicitly, and

It is not clear that legal evasion has actually played a role in China's legal system construction.

The role of institutional innovation. ['] In fact, in Su Li's book The Avoidance of Law.

And legal pluralism ",has been clearly put forward and fully

This paper demonstrates the proposition that legal evasion is a kind of institutional innovation.

Second, legal evasion is a kind of institutional innovation.

Then, why is it said that legal evasion is a kind of institutional innovation? place

It is said that legal evasion is private, that is to say, both parties to the dispute have no state public power.

In the case of intervention, the two sides are antagonistic or have the participation of a third person.

A method of resolving disputes through consultation. Legal evasion is a kind of institutional innovation.

New. First of all, from the perspective of prior law, the parties choose civil disputes.

Privatization is the exercise of the freedoms and rights conferred by its previous laws. Current situation of China

According to the previous law, citizens should not endanger the country when exercising their rights.

Family, social and collective interests and the freedoms and rights of other citizens.

Li. Therefore, it is up to citizens to choose which way to solve disputes.

Do your own thing. At the same time, we must admit that individual settlement is a reality, and

But also a common social phenomenon. The two sides chose to settle it privately.

Argument is a reasonable choice. It is better to grow old with Su Li.

The teacher's article "Legal Evasion and Legal Pluralism" takes the case cited by N as an example.

To illustrate.

One day, a young man and a young woman came from another village he loved.

B's appointment, the woman happily went and arrived as scheduled. During the date, the man

Youth A was forced to have sex with B without B's consent, resulting in

The girl left in tears. At first, the woman's parents learned about it.

Afterwards, he reported the case to the local police station. However, I was caught in a young man's armor.

Before being arrested, both men and women reached a settlement on this matter under certain conditions.

But his behavior was discovered by the government and the settlement was declared invalid. That young man

Be brought to justice.

So, why should men and women risk escaping legal punishment?

What about the insurance agreement? The answer is not difficult to find, first of all, you can be sure, double

Fang's behavior is a rational choice. The principles of economics tell us that,

People are the maximizers of interests, and cooperation between the two sides to avoid punishment will produce pa.

The rector is the best, otherwise there will be a balance between money and money. In other words, when he

The expected benefits of cooperation will be greater than the benefits of non-cooperation

As far as this case is concerned, the two sides have conditions for cooperation. One is this couple.

Have a certain emotional foundation, otherwise, the girl will not be in a hurry to go.

About. One is that both families have a harmonious relationship, otherwise, their children will not.

Talk about marriage. Although in the process of its emotional development, I have a person.

Unexpected things, but since things that shouldn't have happened have already happened, then

You have to be brave and do it right. In this case, 1, if both parties look for a company.

If it is solved by legal means, it will bring very bad consequences. because

Due to historical reasons, China people attach great importance to girls' chastity. for example

If the case is made public, it will obviously bring adverse effects to B, such as

It is said that it is only because this incident will make it difficult for her to look up and be a person in the future, and it is difficult to find a scale.

A happy husband and other more serious consequences. according to

So, the two sides decided to settle the matter, and the man gave the woman some compensation.

Marry her. C said that no matter how to solve this matter, both sides will

In the future, I will live under the same blue sky and will not look up.

If things are not handled well, it will affect the future life. So, both sides are

Calm down and decide to settle down. Why not?

Secondly, private disputes are often based on national laws.

Well, in this sense, "national legislation is the basis of personal solution.

Point ". I say this because if a woman doesn't know the law, she won't.

Will report to the official, if the man does not understand the relevant provisions of the law, he will not move.

Settle down, "it depends on the implicit existence of national legislation, people?

Occasionally, habitual "legal evasion" has become effective. it's in

In this sense, when solving this social conflict, I, I, we can say system.

Fixed law always exists and plays a role through folk' law'.

Color. ; C} J At the same time, "the process of evading the law has become a competition."

Learn the process of making laws. The attempt to circumvent the law became their research object.

The motive force of law. The more they want to avoid this system effectively.

The more they make laws, the more they want to know about the laws made by the state. In this sense,

In fact, the process of circumventing the law has become a process of learning, understanding and even research for a country.

The process of making laws. "About?

In a word, both in theory and in life, there are conditions.

Private and reasonable legal evasion is beneficial and harmless.

Third, the restriction of legal evasion.

Just as the law mentioned above is not omnipotent, there are rules to circumvent the law.

Pieces. It is embodied in the following two aspects: First, evading the law.

Circumferential restrictions. We advocate civil, economic and small publications.

Cases, such as minor injuries, libel cases, and one left without saying goodbye.

Both parties to the dispute can solve the case in various ways.

However, serious publishing cases are not allowed to be closed in private, and the law cannot be circumvented.

Publishing punishment. _ is the reason why both sides must follow public order and good customs in order to evade the law.

Then, we must not violate the good customs, but must follow the appropriate marriage and family ethics.

Then, for example, take someone else's wife and daughter to lose money. Third, although in

Through the teacher's article, the article talks about the country as the basic point of legal evasion.

Family law, but not before the specific settlement of disputes.

With the help of state power, although the two parties to the dispute have reached relevant agreements,

Discussion, but it does not have national coercive power, which may also be given a third time.

Party A brings new troubles. If one party refuses to implement the agreement, then

It is possible to sue the court for the third time, and sometimes it may cause the first injury.

Kill me}, there are many examples. Fourth, both sides evade the law.

Acts shall not violate the law, and shall not endanger the state, society,

The collective, and the interests of others, this is a mandatory provision of the fundamental law of the state.

Settings. In the case mentioned above, the reason why the young men in }i went to prison for blocking silver was

It is because its behavior seriously violates national legislation, and }iv seriously damages the law.

The authority of the law.

Four. conclusion

At present, China is in a transitional period, ruling the country according to law and building society.

The pace of a country ruled by law will gradually accelerate, and law is governance.

At the same time, we can't ignore others.

Measures to solve disputes, such as solving disputes, should be recognized as solving disputes in society.

Yes, I play an irreplaceable role. Admit that legal evasion does not come from outer space.

Tourists, but the real society, I exist objectively as a universal phenomenon, bearing

It is considered that legal evasion is a kind of institutional innovation and a reasonable way for both parties to the dispute to evade.

Law is helpful to realize a harmonious society in dry days and accelerate the process of rule of law in China.

The process.