上海大学学报(社会科学版)

• 法律学研究 • 上一篇    

论社区调解场域及其 信任机制的构建法则

  

  • 收稿日期:2008-12-15 出版日期:2010-11-15 发布日期:2010-11-15
  • 基金资助:

    上海市教育委员会科研创新重点项目(11ZS97)

The Intermediation Field in the Community and the
Construction Principle of Trust Mechanism

  • Received:2008-12-15 Online:2010-11-15 Published:2010-11-15

摘要:

布迪厄的“场域理论”提供的理论框架是结构与人的关系,该理论力求在结构与人的行动之间寻求可以互通的中介,通过场域、惯习连同各种资本来探索社会实践的奥秘。本文采用场域理论作为理论工具分析当代城市社区调解制度,首先对该理论进行“社区调解学改造”:把社区调解人行动的社区空间视为一个场域,即调解场域;把社区调解人的素质看作调解场域的惯习,即调解惯习。指出在社区调解制度的运作过程中,调解场域与社区调解制度的核心机制——信任机制之间是互动的,信任机制是完成调解主体之间互动、简化社区纠纷解决过程的重要因素,它受到社会宏观结构和社区中观结构的影响,这种影响通过社区调解人在调解场域中的调解行动发生作用。信任机制的构建受到社区调解人的调解惯习的影响;同时信任主体,即社区调解人与被调解人的互动也对信任机制的形成具有重要影响:被调解人对调解人的信任导致调解过程中的合作,合作又进一步增强信任。本文认为,通过对上述一系列关系、互动的行动过程进行分析,可以提炼出社区调解信任机制的构建法则,即可以从社区调解人的选拔、该制度的本体建构及其与法院诉讼的衔接机制、社区信任环境的营造等方面进行构建,进一步发展社区调解制度。

关键词:  调解场域;社区调解;信任机制;构建法则

Abstract:

 The theoretical frame provided by Bourdieu' s field theory is the relation between human and structure. This theory tries best to seek, between the activity of human and structure, for an interchangeable agent, and, by way of field, habitus and various capitals, explore the mystery of social practice. For Bourdieu, field is a social space characteristic of relative independence, which finds expression in possessing its own operational logic and rule. This essay takes Bourdieu' s field theory as the theoretical tool to analyze the intermediation field in the contemporary city community because the theory and the problems here have a "joint". The socalled intermediation field in the community means the concrete space of the community intercessor' s activity, which consists of such three elements as intercessor, organization and activity. In this study, intermediation field is not only the concrete geographical district but also the concept functioning analysis and research. The author, in using the field theory to interpret the related questions, carries on a "reformation of community intermediation". On the one hand, the community space for intercessor' s activity is considered as a field, that is, intermediation field; and on the other hand, the intercessor' s quality is regarded as a habitus, that is, intermediation habitus. And, for the intermediation system in the community, the core mechanism is trust mechanism. In the process of the operation of intermediation system in the community, intermediation field and trust mechanism are also interactive. Trust mechanism plays a very important part in finishing the interaction between the subjects of intermediation, and also in simplifying the process of solving community disputes. It is influenced by the macrostructure in the society and the mesostructure in the community, which is brought about through the community intercessor' s activity of the specific field in the process of intermediation. Not only is the construction of trust mechanism influenced by the intermediation habitus of the community intercessor, but also the interaction between the community intercessor as the trust subject and the interceded person has an important influence on the formation of trust. While the trust of the interceded person in the intercessor results in the cooperation in the intermediation process, the cooperation goes further to strengthens the trust. The author holds that, by an analysis of the above relations and interactive processes, the construction principle of trust mechanism in the community intermediation can be achieved,in detail, including the selection of the community intercessor, the construction of system itself, the cohesive mechanism of court litigation, and the establishment of trust environment in the community. In this way, the construction of trust mechanism in the community intermediation can be promoted, and the intermediation system in the community can be further developed.

Key words: intermediation field; community intermediation; trust mechanism; construction principle

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