“私了”的乡土性及其现代价值——以闫老汉死亡事件为例
Localism and Modern Value of “Settle Privately”——Taking the Old Man Yan’s Death for Example

“私了”是民间纠纷解决机制，是人们基于“礼”与“情理”的理性选择。以闫老汉死亡纠纷事件为例，探讨社会转型背景下“私了”的乡土性。“私了”既能辨是非、分清皂白以解决纠纷，通过“私了”更能获得在乡土社会安身立命的“礼”与“情理”上的支持，〖JP2〗这即是“私了”的乡土性。“私了”的乡土性启示我们，解决纠纷既要立足当下实际，促使当前矛盾合理解决，更要瞄向未来，把解决好当前纠纷当成重修当事人双方关系和重启社会秩序的起点。
“Private settlement” is a settlement mechanism of the civil dispute based on the rational choice from “the ritual” and “the reasonableness”. This paper, taking the old man Yan’s death for example, discusses the localism of “settle privately”under the background of social transformation. People choose “settle privately” because it can tell right from wrong, so as to promote the settlement of a dispute, but more importantly, because through choosing “settle privately”, people can get support in “the ritual” and “the reasonableness”, which is the basic condition for people to live in rural society, that is the localism of“settle privately”.Localism of “settle privately” tells us that when we settle a dispute, we should not only depend on the current situation to promote the reasonable settlement of dispute, but also aim to the future, and take on the settlement of the dispute as an opportunity to reconstruct the relationship between the parties involved and as astarting point to restart the social order.