纠纷应当如何解决与实际怎样解决是两个不同的命题,同一性质的纠纷在熟人之间、陌生人之间和敌我之间所导致的结果是不相同的。作为一种社会学分析工具,案件的社会结构从纠纷当事人的社会地位差异和关系的亲疏程度等方面探究纠纷解决的路线。在传统的熟人社会不断瓦解的历史条件下,扩展的熟人社会需要为纠纷解决奠定现实的社会基础,但如果不能破除对抗性纠纷解决机制所借以发挥功效的、带有敌意的“我们—他们”的划分标准,未来社会仍会徘徊于理性或非理性的战争状态之中。和解理性所要承担的任务就是要确立平等的、自由的纠纷当事人之间的协商理性、和谈理性,反对把对方当事人视为可以征服的客体,以此倡导一种纠纷合作学及其和解文化。
<<How a dispute should be resolved and how a dispute should be actually resolved are two different topics. The results of the disputes of the same nature among acquaintances,among strangers and between ourselves and the enemy are different. As a social analytical tool,the social structure of a case can be used to explore the route of dispute resolution from such aspects as the differences of social positions of the parties to the dispute and the degree of close and distant relationship. Under the historical condition in which the traditional society of acquaintances is continuously disintegrated,an extended society of acquaintances needs to be used to lay a realistic social foundation for dispute resolution,but if the dividing standard with the hostility of “we-they” and on which the resolution mechanism of adversarial disputes relies to function cannot be abolished,the future society will still be in a status of war between rationality and irrationality. The task of the reconciliation rationality is to determine an equal and free consultation rationality and negotiation rationality between the parties to the dispute,oppose regarding the party of the other side as an object which can be conquered,with which a dispute cooperation and its reconciliation culture is proposed.
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