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随着中国法治建设的发展,如今中国人上法庭来解决纠纷也变得更为经常,但是不少研究和调查报告也表明当代中国人仍然趋向私下协商解决各种纠纷,这种“法律规避”现象在一定程度上阻碍了我国法治道路的进程,但从中国的社会结构和法律文化中可以找到答案,本文分析了“法律规避”现象的合理性,并且建议在司法过程中,不能一味强调“有法必依、执法必严、违法必究”,而应当考虑纠纷解决方式的多元化。
With the development of the rule of law in China, it is now more and more common for Chinese people to come to court to resolve disputes. However, many studies and surveys also show that contemporary Chinese still tend to negotiate private disputes in private. This kind of “legal avoidance” The phenomenon has hindered the progress of our rule of law to a certain extent. However, we can find the answer from the social structure and law culture of China. This article analyzes the rationality of “legal avoidance” phenomenon and suggests that we should not emphasize “ There are laws to follow, law enforcement must be strict, and violations of laws must be studied. ”Instead, we should consider the diversification of the methods of dispute resolution.