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在农村民事诉讼中离婚和赡养案件占其诉讼构成的三分之一左右,有的基层法院甚至达到了一半以上,虽然这种诉讼构成受诸多因素影响。但是在农村特殊的二元结构文化背景下,思想观念所构成的价值判断是造成这种情况存在的最主要原因。本文指出分析农村离婚和赡养纠纷的文化诱因有助于找到这一问题的本质和渊源,从而解决离婚与赡养案件与农村民事纠纷案件比例逐年增加的困境。
In rural civil litigation, divorce and alimony accounts for about one third of the total number of litigation, and even some grassroots courts have even reached more than half, although the composition of such litigation is affected by many factors. However, under the special binary structural and cultural context in rural areas, the value judgments formed by ideological concepts are the main reasons for this situation. This article points out that analyzing the cultural incentives of rural divorce and maintenance disputes helps to find out the nature and origin of the problem so as to solve the plight that the ratio of divorce and maintenance cases to rural civil disputes is increasing year by year.